|
C. Notwithstanding anything in this lease to the contrary, the County shall not be limited, in
<br />the proof any damages which the County may claim against the Tenant by reason of the Tenant's
<br />failure to provide and keep insurance in force, to the amount of the insurance premiums not paid or
<br />incurred by the Tenant. The County shall also be entitled to recover as damages for such breach the
<br />uninsured amount of any loss, together with damages, costs, and expenses of any suit offered or
<br />incurred by reason of damage to the leased property occurring during any period when the Tenant shall
<br />have failed to provide and keep such insurance in force.
<br />22. Performance of Tenant's Obliaations-Taxes.
<br />If the Tenant shall default in the performance of any obligation under this lease, the County
<br />after 30 days notice to the Tenant specifying such default, or without notice if any emergency exists,
<br />may perform such obligation for the account and at the expense (including reasonable counsel fees) of
<br />the Tenant. The amount of any payment made or expense incurred by the County for such purpose,
<br />with interest thereon at the rate of 6% per annum, shall be deemed additional rent and forthwith shall be
<br />repaid by the Tenant to the County, or, at the County's election, may be added to any subsequent
<br />installment of rent due and payable under this lease. When no emergency exists, the provisions of this
<br />subparagraph shall be inapplicable, if within 30 days after such notice by the County, the Tenant shall
<br />have cured such default, or shall have commenced and shall be proceeding diligently to cure such a
<br />default. Nothing herein contained shall be deemed to waive any right of the County to sue for and
<br />recover by action at law any sums of which the County may have incurred under the provisions of this
<br />subparagraph. The provisions of this paragraph shall survive the termination of this lease.
<br />23. Riqht of Entrv. The County or his agent shall with twenty-four (24) hours notice
<br />have the right to enter the leased properry at reasonable times in order to examine it, to show it to
<br />prospective purchasers or lessees, or to make such decorations, repairs, alterations, improvements or
<br />additions as the County may deem necessary or desirable. The County shall be allowed to take all
<br />material into and upon the leased property that may be required therefore without the same constituting
<br />an eviction of the Tenant in whole or in part. The rent reserved shall not abate while decorations,
<br />repairs, alterations, improvements, or additions are being made, whether by reason of loss or
<br />interruption of the business of the Tenant or otherwise. During the last month prior to the expiration of
<br />the term of this lease, the County may place upon the leased property the usual notices "To Let" or "For
<br />Sale", which notices the Tenant shall permit to remain thereon without molestation. If during the last
<br />month of the term the Tenant shall have removed all or substantially all of the Tenant's property
<br />therefrom, the County may, with the Tenant's permission, immediately enter and later, renovate and
<br />redecorate the leased property without elimination of abatement of rent and without liability to the
<br />Tenant for any compensation, and such acts shall have no effect upon this lease. If the Tenant or its
<br />employees shall not be personally present to permit entry at any time when an entry therein shall be
<br />immediately necessary, as herein provided, the County may enter the premises by such means as may
<br />be appropriate, including forcible entry, without rendering the County or such agents liable therefore (if
<br />during such entry the County or his agents shall accord reasonable care to the Tenant's property), and
<br />without in any manner affecting the obligations and covenants of this lease. The County's right of
<br />reentry shall not be deemed to impose upon the County any obligation, responsibility or liability for the
<br />care, supervision or repair of the leased property other than as herein provided. In the event that it
<br />becomes necessary for County to replace or repair any major component or any structural or other
<br />system in the leased premises, the County shall have full and unrestricted access to the building and
<br />the leased property. The County reserves the right temporarily to interrupt, curtail, stop or suspend air-
<br />conditioning and heating service, and all other utility or other services, because of accident or
<br />emergency or for repairs, alterations, additions, or improvements, or because of the County's inability to
<br />obtain, or difficulty or delay in obtaining, labor or materials necessary therefore or compliance with
<br />governmental restrictions in connection therewith, or because of any other cause beyond the County's
<br />reasonable control, provided that, except in cases of emergency, the County will use its best efforts to
<br />limit such stoppage to after-business hours, will notify the Tenant in advance, if possible, of any such
<br />stoppage, and, if ascertainable, its estimated duration, and will proceed diligently with the work
<br />necessary to resume such service as promptly as possible and in a manner and at times as will not
<br />materially interfere with or impair the Tenant's use of the leased property. No diminution or abatement
<br />
|