Orange County NC Website
01 <br />expiration or termination, County may, without further notice, reenter the Leased Premises and <br />repossess it by force, summary proceedings, ejectment, or otherwise, and may dispossess the <br />Tenant and remove the Tenant and all other persons and property from the Leased Premises <br />and the right to receive all rental income therefrom. <br />(c) At any time after such expiration, the County may re -let the Leased Premises <br />or any part thereof, in the name of the County or otherwise, for such term (which may be greater <br />or less than the period which would otherwise have constituted the balance of the term of this <br />lease ) and on such conditions (which may include concessions or free rent) as the county, in its <br />uncontrolled discretion, may determine, and may collect and receive the rent thereof. <br />(d) No such expiration or termination of this lease shall relieve the Tenant of its <br />liability or obligations under this lease, and such liability and obligations shall survive any such <br />expiration or termination. In the event of any such expiration or termination, whether or not the <br />Leased Premises or any part any part thereof shall have been re -let, the Tenant shall pay to the <br />Count y the rent and additional rent required to be paid by the Tenant up to the time of such <br />expiration, and thereafter the Tenant, until the end of what would have been the term of this <br />lease in the absence of such expiration, shall be liable to the County for, and shall pay to the <br />County, as and for liquidated and agreed current damages for the Tenant's default: <br />1. The equivalent of the amount of the rent and additional rent which <br />would be payable under this lease by the Tenant if this lease were still in effect, less <br />2. The greater of: <br />(a) The fair rental value of the Leased Premises for the remaining term <br />of the lease, after deducting all the county's reasonable expenses in connection with such re- <br />letting, including, without limitation, all repossession costs, brokerage Commissions, legal <br />expenses, reasonable attorney's fees, alteration costs, and expenses of preparation for such re- <br />letting. <br />(b) The net proceeds of any re- letting effected pursuant to the <br />provisions of paragraph d, of this article, after deducting all the County's reasonable expenses <br />in connection with such re- letting, including, without limitation, all repossession costs, <br />brokers g a commissions, legal. expenses, reasonable attorney's fees, alteration costs, and <br />expenses of preparation for such re- letting. <br />(e) The Tenant shall pay such current damages (herein called "deficiency ") to <br />the County monthly on the days on which the rent and additional rent would have been payable <br />under this lease if this lease were still in effect, and the County shall be entitled to recover from <br />the Tenant each monthly deficiency as such deficiency shall arise. At any time after any such <br />expiration, whether or not the County shall have collected any monthly deficiency, the County <br />shall be entitled to recover from the Tenant, and the Tenant shall pay to the County, on <br />demand, as and for liquidated and agreed final damages for the Tenant's default, an amount <br />equal to the difference between the rent and additional rent reserved hereunder for the expired <br />portion of the lease of the Leased Premises for the same period. In the computation of such <br />damages the difference between any installment of rent becoming due hereunder after the date <br />of termination and the fair and reasonable rental value of the Leased Premises for the period <br />for which such installment was payable shall be discontinued to the date of termination at the <br />rate of four percent per annum. <br />Page 6 of 12 <br />