Orange County NC Website
Browse       Search
Provided, that County may, at his option, agree to subordinate this lien to <br />liens arising in connection with purchased of equipment or leasehold improvement <br />financing by Tenant, which agreement County covenants not to unreasonably <br />withhold. <br />19. Countv's Ripht to Receiver upon Tenant's Default. In addition to <br />any other security for the performance of this lease, the Tenant hereby assigns to the <br />County all of the rents and profits which might otherwise accrue to the Tenant from the <br />use, enjoyment, and operation of the leased property, such assignment to become <br />effective, however, only after default by the Tenant in the performance of its obligations <br />under this lease. If the County, upon default of the Tenant, elects to file a suit in equity <br />to enforce the lease and protect the County's right hereunder, the County may upon <br />notice to the Tenant, as ancillary to such suit, apply to any court having jurisdiction for <br />the appointment of a receiver of the leased property, the improvements and buildings <br />located thereon, the personal property located therein, and thereupon the court may <br />forthwith appoint a receiver with the usual powers and duties of receivers in like cases. <br />Such appointment shall be made by such court as a matter of strict right to the County <br />and without consideration of the adequacy of the value of the Tenant's interest in the <br />lease, or of the value of the property, or the commission of waste thereon, or the <br />deterioration thereof. Nothing herein shall prevent the enforcement of the County's lien <br />for rent in any court or by proceeding authorized to the laws of this state, or the <br />institution by the County of a separate proceeding in equity for the appointment of a <br />receiver as an ancillary remedy to protect the rights and interest of the County. Any <br />and all remedies or proceedings are considered cumulative and not exclusive. <br />20. Waiver of Countv's Rights Onlv bv Written Instrument. No failure by the <br />County to insist upon the strict performance of any item or condition of this lease or to <br />exercise any right or remedy available on a breach thereof, and no acceptance of full <br />or partial rent during the continuance of any such breach shall constitute a waiver of <br />any breach or of any such term or condition. No term or condition of this lease required <br />to be performed by the Tenant, and no breach thereof, shall be waived, altered or <br />modified, except by a written instrument executed by the County. No waiver of any <br />breach shall affect or alter any term or condition in this lease, and each such term or <br />condition shall continue in full force and effect with respect to any other then existing or <br />subsequent breach thereof. <br />21. Performance of Tenant's Obli4ations - Unpaid Insurance Premiums <br />A. If the Tenant shall at any time fail to pay any amount in accordance with <br />the provisions of this lease, or shall fail to take out, keep in force, or shall fail to perform <br />any f its other obligations under this lease, then the County, after 15 days notice to the <br />Tenant (or without notice in case of an emergency) and without waiving or releasing the <br />Tenant from any obligation of the Tenant contained in this lease, may (but shall be <br />under no obligation to) pay any amount payable by the Tenant hereunder, and perform <br />any other act required to be performed by the Tenant hereunder. The County may <br />enter upon the leased property for such purposes and take any action necessary <br />therefore. <br />