Orange County NC Website
Browse       Search
25 <br />{f) if County commits an act in violation of this Lease which Landlord has <br />previously notified County.to cease more than once in any year; <br />(g) DELETED; <br />(h) DELETED; <br />(i) ifi County commits waste to the Demised Premises; <br />(j) if County is otherwise in breach of County's obligations hereunder and shall <br />not have cured same within fifteen (15) days following written notice from <br />Landlord with respect to monetary obligations or within thirty (30) days with <br />respect to non-monetary obligations. <br />Provided, however, for other than the payment of monies, County shall be <br />excused for the period of any delay in the performance of any obligations <br />hereunder when prevented from doing so by cause or causes beyond <br />County's control which shall include, without limitation, all labor disputes, civil <br />commotion, war, war-like operations, invasion, rebellion, hostilities, military or <br />usurped power, sabotage, governmental regulations or controls, fire or other <br />casualty, inability to obtain any material, services, insurance proceeds or <br />financing or through acts of God (Force Majeure). <br />39. REMEDIES OF DEFAULT. <br />(a) Upon the occurrence of any Default, Landlord may give written notice of <br />such Default to County and, in such event, County shall immediately and <br />diligently thereafter seek to cure such Default, but in any event County shall have <br />a maximum of fifteen ~{15) days for monetary and thirty (30) days for non- <br />monetary in which to cure the Default. Upon the failure of County to cure a <br />Default within the time herein provided, Landlord shall have all rights and <br />remedies allowed by this Lease and under law or in equity including, but not <br />limited_to the right of specific performance. andlor injunction... <br />(b) Landlord may, at its option and without further notice to County, terminate <br />County's right to possession of the Demised Premises and, without terminating <br />the Lease, re-enter and resume possession of the Demised Premises and/or <br />declare this Lease terminated and may thereupon in either event remove all <br />persons from the Demised Premises, with or without resort to process of any <br />court, either by force or otherwise. Notwithstanding such re-entry by Landlord, <br />County hereby holds Landlord harmless from any and all loss or damage which <br />County may incur by reason of the termination of this Lease and/or County's <br />right to possession hereunder. In no event shall Landlord's termination of this <br />Lease and/or County's right to possession of the Premises abrogate County's <br />agreement to pay rent, additional charges, and any or all other monies due <br />hereunder for the full term hereof. Following re-entry of the Demised Premises <br />by Landlord, County shall continue to pay all such rent, additional charges, and <br />or all monies as same become due under the terms of this Lease, together with <br />all other expenses incurred by Landlord in regaining possession until such time, <br />if any, as Landlord re-lets same and the Demised Premises are occupied by <br />such successor, it being understood and agreed as a material consideration to <br />this Lease that Landlord shall have no obligations to mitigate damages by re- <br />letting the Demised Premises. Upon re-letting, sums received .from such new <br />lessee by Landlord shall be applied first to payment of costs incident to re-letting <br />22 <br />County o£ Orange, in North Carolina -Hillsborough Commons 07/02/0$ <br />INITIAT.S <br />RD <br />