|
RB5573 531 8117
<br /> reasonable expenses in connection with such reletting, including,
<br /> without limitation, all repossession costs, brokerage commissions,
<br /> legal expenses, reasonable attorney's fees, alteration costs, and
<br /> expenses of preparation for such reletting.
<br /> (e) The Tenant shall pay such current damages (herein called "deficiency") to the
<br /> 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 /> (f) The terms "enter", "reenter", "entry", or "reentry" as used in this lease are not
<br /> restricted to their technical meaning.
<br /> 18. Lien on Tenant's Improvements and Personal Property. The County shall have
<br /> first lien paramount to all others on every right and interest of the Tenant in and to this lease,
<br /> and on any building or improvement on or hereafter placed on the Leased Premises, and on
<br /> any FFE, or other personal property of any kind belonging to the Tenant, or the equity of the
<br /> Tenant therein, on the Leased Premises. Such lien is granted for the purpose of covenanted to
<br /> be paid by the Tenant, and for the purpose of securing the performance of all of the Tenant's
<br /> obligations under this lease. Such liens shall be in addition to all rights of the County given
<br /> under statutes of this state, which are now or shall hereinafter be in effect. The provisions of
<br /> this paragraph shall not be applicable to liens existing at the commencement of this lease.
<br /> Provided, that County may, at its option, agree to subordinate this lien to liens arising in
<br /> connection with purchased equipment or leasehold improvement financing by Tenant, which
<br /> agreement County covenants not to unreasonably withhold.
<br /> 19. County's Right to Receiver upon Tenant's Default. In addition to any other
<br /> security for the performance of this lease, the Tenant hereby assigns to the County all of the
<br /> rents and profits which might otherwise accrue to the Tenant from the use, enjoyment, and
<br /> operation of the Leased Premises, such assignment to become effective, however, only after
<br /> default by the Tenant in the performance of its obligations under this lease. If the County,
<br /> upon default of the Tenant, elects to file a suit in equity to enforce the lease and protect the
<br /> County's right hereunder, the County may upon notice to the Tenant, as ancillary to such suit,
<br /> apply to any court having jurisdiction for the appointment of a receiver of the Leased Premises,
<br /> the improvements and buildings located thereon, the personal property located therein, and
<br /> thereupon the court may forthwith appoint a receiver with the usual powers and duties of
<br /> receivers in like cases. Such appointment shall be made by such court as a matter of strict
<br /> right to the County and without consideration of the adequacy of the value of the Tenant's
<br /> interest in the 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 for rent
<br /> in any court or by proceeding authorized to the laws of this state, or the institution by the
<br /> County of a separate proceeding in equity for the appointment of a receiver as an ancillary
<br /> 8
<br />
|