Agenda - 01-24-2012 - 5m - Laserfiche WebLink

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26 (including, without limitation, Landlord's expenses in connection with such re- letting and including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorney's fees (of not less than ten percent (10%) of any outstanding balance), alteration and repair costs and expenses of preparation for such re-letting; any excess shall then be applied to any indebtedness to .Landlord from County other than for Minimum Rental, Additional Rental due and unpaid and only then to, Additional Rent and Minimum Rent (in that order). The balance due Landlord, if any, shall be applied against the deficiency between all amounts received hereunder and sums to be received by Landlord on re-letting, which deficiency County shall pay to Landlord in full within thirty (30} days of notice of same from Landlord. Tenant shall have no right to any proceeds of re-letting that remain following application of monies received in the manner set forth herein.. Any action taken by Landlord under this Section shall not operate as a waiver of any right which. Landlord would otherwise have against County for rent or other monies hereby reserved or otherwise, and County shall remain responsible to Landlord for any loss and/or damage suffered by Landlord by reason of County's default or breach. The words "re-enter" and "re-entry" as used in this Lease are not restricted to their technical legal meaning and shall include the right of the Landlord to enter upon and take possession of the Demised Premises by picking and/or changing locks if necessary and lockout, expel or remove County and any other person who may be occupying all or any part of the Demised Premises without being liable for any claim for damages. (c) At any time after expiration/termination of County's possessory right to the Demised Premises, Landlord, in lieu of collection of deficiency, as set forth above, shall, in the sole option of Tenant, accept as liquidated and agreed final damages for County's default(s), and County may pay to Landlord an amount equal to the difference between the Minimum Rentals payable hereunder for the unexpired portion of the lease #erm and the then fair and reasonable rental value of the Demised Premises for the same period discounted at the rate of four percent (4%) per .annum .plus .Additional Rentals- plus.. and plus the sum. of all other monies due from the date of expiration/termination of County's possessory right to the end of the term of the Lease. (d) Any suit brought to collect the amount of the deficiency for any month shall not prejudice the right of Landlord to collect the deficiency for any subsequent month by a similar action. Any action taken by Landlord under this Section shall not operate as a waiver of any right Landlord would otherwise have against County shall remain liable to Landlord for any damages suffered by Landlord by reason of County's default or breach. (e) The various rights and remedies herein granted to Landlord shall be cumulative and in addition to any other Landlord may be entitled to by law or in equity, and the exercise of one or more rights or remedies shall not impair Landlord's right to exercise any other right or remedy. In alf events, Landlord . shall have the right upon notice to County to cure any breach by County atCounty's sole cost and expense, and County shall reimburse Landlord for such expense plus ten percent (10°l°) of such amount for Landlord's overhead upon demand. (f) "Additional Rentals" for the purpose of this Section shall be deemed to refer to the greatest amount paid by or due from County for additional rental payments 23 County of Orange, in North Carolms -'Hillsborough Commons 07/02/08 IlVTTIAI.S RDf~