Agenda - 10-21-1997 - 9d - Laserfiche WebLink

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i r conditions as LANDLORD in its sole discretion may deem advisable. Upon each such reletting all rentals received by LANDLORD from such reletting shall be applied, first, to the payment of any damages or indebtedness other than rent.due hereunder from COUNTY to LANDLORD, second, to the payment of any debts and expenses of such reletting, including brokerage fees, attorney's fees and costs of such alterations and repairs,third,to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by LANDLORD and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such reletting during any month are less than that to be paid during that month by COUNTY hereunder, COUNTY shall promptly pay any such deficiency to LANDLORD. LANDLORD reserves the right to bring any action or legal proceeding for the recovery of any deficits remaining unpaid as LANDLORD may deem favorable,from time-to-dine,without being obliged to wait until the end of the thereof or of any renewals or eurte dons thereof for the final determination of COUNTY's account. No such re- entry or taking possession of said Premises by LANDLORD shall be construed as an election on LANDLORD' part to terminate this Lease unless a written notice of such intention be given to COUNTY by LANDLORD or unless the termination hereof be decreed by a Court of competent jurisdiction. Notwithstanding any such reletting without, termination, LANDLORD may at any time elect to terminate this Lease for any breach or default by COUNTY. COUNTY may also, upon giving LANDLORD notice and reasonable opportunity to remedy a breach or defiwlt, elect to terminate this Lease for such breach or defmdt by LANDLORD, subject to the notification to LANDLORD'lender as heaanabove set forth, Should LANDLORD or COUNTY at any time terminate this Lease for any breach or default, then, in addition to any other remedies LANDLORD or COUNTY may have, LANDLORD or COUNTY may recover from the other all damages insured by reason of such breach,including the costs of recovering the Premises or vacating the Premises as the case may be, aid reasonable attorneys fees. All indebtedness due LANDLORD by COUNTY, including the worth at the time of payment of the excess, if any, of the amount of all rent and other payments reserved in this Lease for the remainder of the stated term over the then reasonable rental value of the Premises for the remainder of the stated terns,all of which amount s shall be immediately due and payable from COUNTY to LANDLORD. In determining the reasonable rental value of the Premises for the remainder of the stated tens,the value of the actual rental obligations of the COUNTY, if any, to whom the LANDLORD has relet the Premises,if commercially reasonable, shall be considered the then reasonable rental vahm 20.. LANDLORD'S RIGHT TO MORTGAGE AND SELL Within twenty(20)days after request therefor by LANDLORD, or in the event that upon any sale, assigament, or hypothecation of the Promises and/or the land thereunder by LANDLORD, an estoppel certificate or similar statement shall be required from COUNTY, COUNTY agrees to deliver, in recordable form, a certificate to any proposed mortgagee or purchaser, or to LANDLORD certifying(if such be the case)that this Lease is in f dl force and effect and that there are no defenses or offsets thereto, or stating those claimed by COUNTY. This Lease is and shall be subject and subordinate at all times to the lien of any mortgages in any amount or amounts on all or any part of the land or buildings as shown on Exhibit "A" and to all