Orange County NC Website
Browse       Search
58 <br /> 11.2. Remedies on Default. Whenever any Event of Default is continuing, the <br /> County may take one or any combination of the following remedial steps: <br /> (a) Cure the default and seek reimbursement from the School Board for all <br /> expenses incurred in curing the default; <br /> (b) Have reasonable access to and inspect, examine and make copies of the <br /> School Board's books and records and accounts during the School Board's regular business <br /> hours, if reasonably necessary in the County's opinion; or <br /> (c) Take whatever action at law or in equity may appear necessary or desirable <br /> to collect the amounts then due and thereafter to become due, or to enforce performance <br /> and observance of any obligation, agreement or covenant of the School Board under this <br /> Lease; or <br /> (d) If the County determines that the foregoing remedies are inadequate or <br /> inappropriate to cure the Event of Default or otherwise protect the County's interests, the <br /> County may terminate this Lease, evict the School Board from the Leased Property or any <br /> portion thereof and re-lease the Leased Property or any portion thereof. <br /> 11.3. No Remedy Exclusive. No remedy conferred upon or reserved to the <br /> County in this Lease is intended to be exclusive, and every such remedy will be cumulative <br /> and will be in addition to every other remedy given under this Lease and every remedy <br /> now or hereafter existing at law or in equity. No delay or omission to exercise any right or <br /> power accruing upon any default will impair any such right or power, and any such right <br /> and power may be exercised from time to time and as often as may be deemed expedient. <br /> In order to entitle the County to exercise any remedy reserved in this Article XI, it will not <br /> be necessary to give any notice, other than such notice as may be required in this Article <br /> XI. <br /> 11.4. Waivers. If either party should breach any agreement contained in this <br /> Lease and thereafter the other party waives the breach, such waiver is limited to the <br /> particular breach so waived and does not waive any other breach under this Lease. A <br /> waiver of an event of default under the Financing Contract constitutes a waiver of any <br /> corresponding Event of Default under this Lease; provided that no such waiver extends to <br /> or affects any subsequent or other Event of Default under this Lease or otherwise impairs <br /> any right consequent thereon. <br /> 11.5. Agreement To Pay Legal Fees and Costs. If either party defaults under any <br /> Lease provision and the other party employs attorneys or incurs other expenses for the <br /> collection of any payments due under this Lease, or the enforcement of performance or <br /> observance of any obligation or agreement on the part of the defaulting party contained in <br /> this Lease, each party agrees that, to the extent permitted by law, it will then pay on <br /> demand to the non-defaulting party such legal fees and costs incurred by the non-defaulting <br /> 10 <br />