Orange County NC Website
Browse       Search
10 <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 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 <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 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 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 /> therefor. <br /> B. All sums so paid by the County and all costs and expenses incurred by <br /> the County in connection with the performance of any such act, together with interest <br /> thereon at the rate of 6% per annum from the respective dates of each such payment <br /> and such costs and expenses, shall constitute additional rent payable by the Tenant <br /> under this lease 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 <br /> Tenant by reason of the Tenant's failure to provide and keep insurance in force, to the <br /> amount of the insurance premiums not paid or incurred by the. Tenant. The County <br /> shall also be entitled to recover as damages for such breach the uninsured amount of <br /> any loss, together with damages, costs, and expenses of any suit offered or incurred <br /> by reason of damage to the leased property occurring during any period when the <br /> Tenant shall have failed to provide and keep such insurance in force. <br /> 22. Performance of Tenant's Obligations-Taxes. <br /> If the Tenant shall default in the performance of•any obligation under this <br /> lease, the County after 30 days notice to the Tenant specifying such default, or without <br /> notice if any emergency exists, may perform such obligation for the account and at the <br /> expense (including reasonable counsel fees) of the Tenant. The amount of any <br /> payment made or expense incurred by the County for such purpose, with interest <br />