02-10-2003 Council Packet - Laserfiche WebLink

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competent jurisdiction to be justified because of Landlord’s acts or omissions), Landlord may, at its option, at any time and from time to time, relet the Premises, or any part thereof, for the account of Tenant or otherwise, and receive and collect the rents therefore, applying the same first to the payment of such expenses as Landlord may have incurred in recovering possession of the Premises, including legal expenses and attorneys ’ fees, and for putting the same into good order or condition or preparing or altering the same for re-rental and all other expenses, commissions, and charges paid, assumed, or incurred by Landlord in reletting the Premises and then to the fulfillment of the covenants of Tenant hereunder. Any such reletting herein provided for may be for the remainder of the Term as originally granted or for a longer or shorter period. (c) s Liability. If this Lease is terminated and/or the Premises is re-entered by Landlord pursuant to a default by Tenant of the terms and conditions of this Lease, whether or not the Premises, or any part thereof, is relet. Tenant shall pay to Landlord the Base Rent and the Additional Rent required to be paid by Tenant up to the time of such termination of this Lease, and thereafter Tenant shall, if required by Landlord, pay to Landlord until the end of the Term the equivalent of the amount of all the Base Rent and Additional Rent required herein less the net proceeds of reletting, if any. Landlord shall ha »c the election, in place and stead of holding Tenant so liable, forthwith to recover against Tenant, as damages for loss of the bargain and not as penalty, an aggregate sum which, at the time of such termination or such recovery of possession by Landlord, as the case may be, represents the then present worth of the excess, if any, of the aggregate of the Rent payable by Tenant hereunder that would have accrued for the balance of the Term, over the aggregate rental value of the Premises for the balance of such Term. (d) Cumulative Remedies. The specified remedies to which Landlord may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may be lawfully entitled in case of any breach or threatened breach by Tenant of any provision of this Lease. A receipt by Landlord of Base Rent or Additional Rent, including payment of Base Rent or Additional Rent by Tenant s receiver, trustee in bankruptcy, creditor, or assignee, with or w’ithout knowledge of a breach of any covenant hereof (other than the covenant for the payment of such Base Rent or Additional Rent) shall not be deemed a waiver of such breach. In addition to other remedies provided in this Lease, Landlord shall be entitled to the restraint by injunction for the violation or attempted or threatened violation of the covenants, conditions, or provisions of this Lease. ’2 ) CONDITION OF PREMISES AT TERMINATION. At the termination of this Lease by lapse of time or otherwise. Tenant shall return the Premises in as good a condition as when Tenant took possession, excepting only ordinary wear and tear. • .ySE OF PREMISES. The Premises shall be used as an employee break room uses ancillary thereto. Tenant shall not use or occupy the Premises or knowingly permit the