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13 <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 and <br />all remedies or proceedings are considered cumulative and not exclusive. <br />20. Waiver of County's Rights Only by 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 or <br />partial rent during the continuance of any such breach shall constitute a waiver of any <br />breach or of any such term or condition. No term or condition of this lease required to <br />be performed by the Tenant, and no breach thereof, shall be waived, altered or modified, <br />except by a written instrument executed by the County. No waiver of any breach shall <br />affect or alter any term or condition in this lease, and each such term or condition shall <br />continue in full force and effect with respect to any other then existing or subsequent <br />breach thereof. <br />21. Performance of Tenant's Obligations - 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 of its other obligations under this lease, then the County may after notice and <br />opportunity to cure in accordance with the provisions of Section 17(a)(2), or without <br />notice if any emergency exists, and without releasing the Tenant from any obligation of <br />the Tenant contained in this lease, may (but shall be under no obligation to) pay any <br />amount payable by the Tenant hereunder, and perform any other act required to be <br />performed by the Tenant hereunder. The County may enter upon the Leased Premises <br />for such purposes and take any action necessary therefore. <br />(b) All sums so paid by the County and all costs and expenses incurred by the <br />County in connection with the performance of any such act, together with interest thereon <br />at the rate of 6% per annum from the respective dates of each such payment and such <br />costs and expenses, shall constitute additional rent payable by the Tenant under this lease <br />and shall be paid by the Tenant to the County on demand. <br />(c) Notwithstanding anything in this lease to the contrary, the County shall <br />not be limited, in the proof any damages which the County may claim against the Tenant <br />by reason of the Tenant's failure to provide and keep insurance in force, to the amount of <br />the insurance premiums not paid or incurred by the Tenant. The County shall also be <br />entitled to recover as damages for such breach the uninsured amount of any loss, <br />together with damages, costs, and expenses of any suit offered or incurred by reason of <br />damage to the Leased Premises occurring during any period when the Tenant shall have <br />failed to provide and keep such insurance in force. <br />11 - <br />