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Agenda - 11-16-1993 - III-C
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Agenda - 11-16-1993 - III-C
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2/15/2017 11:22:16 AM
Creation date
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BOCC
Date
11/16/1993
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
III-C
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Notwithstanding any such reletting without termination, <br /> Landlord may at any time elect to terminate this Lease for any <br /> breach or default by Tenant . Tenant may also, upon giving <br /> Landlord notice and reasonable opportunity to remedy a breach or <br /> default, elect to terminate this Lease for such breach or default <br /> by Landlord, subject to the notification to Landlord' s lender as <br /> hereinabove set forth. Should Landlord or Tenant at any time <br /> terminate this Lease for any breach or default, then, in addition <br /> to any other remedies Landlord or Tenant may have, Landlord or <br /> Tenant may recover from the other all damages incurred by reason <br /> of such breach, including the costs of recovering the Premises or <br /> vacating the Premises as the case may be, and reasonable attorney' s <br /> fees . All indebtedness due Landlord by Tenant, including the worth <br /> at the time of payment of the excess, if any, of the amount of all <br /> rent and other payments reserved in this Lease for the remainder of <br /> the stated term over the then reasonable rental value of the <br /> Premises for the remainder of the stated term, all of which amounts <br /> shall be immediately due and payable from Tenant to Landlord. In <br /> determining the reasonable rental value of the Premises for the <br /> remainder of the stated term, the value of the actual rental <br /> obligations of the Tenant, if any, to whom the Landlord has relet <br /> the Premises, if commercially reasonable, shall be considered the <br /> then reasonable rental value. <br /> 20 . LANDLORD' S RIGHT TO MORTGAGE AND SELL. Within twenty <br /> (20) days after request therefor by Landlord, or in the event that <br /> upon any sale, assignment, or hypothecation of the Premises and/or <br /> the land thereunder by Landlord, an estoppel certificate or similar <br /> statement shall be required from Tenant, Tenant agrees to deliver, <br /> in recordable form, a certificate to any proposed mortgagee or <br /> purchaser, or to Landlord certifying (if such be the case) that <br /> this Lease is in full force and effect and that there are no <br /> defenses or offsets thereto, or stating those claimed by Tenant . <br /> This Lease is and shall be subject and subordinate at all I' <br /> times to the lien of any mortgages in any amount or amounts on all <br /> or any part of the land or buildings as shown on Exhibit "A" and to <br /> all ground or underlying leases which exist or may hereafter be <br /> executed affecting such land and buildings, or either thereof, of <br /> which the Premises are a part, or on or against Landlord' s interest <br /> or estate therein, or any part of or interest in any of the <br /> foregoing, or on or against any ground or underlying lease (and in <br /> all cases including all extensions, renewals, amendments and <br /> supplements to any ground or underlying lease or mortgage) , without <br /> the necessity of the execution and delivery of any further <br /> instruments on the part of Tenant to effectuate such subordination. <br /> Tenant covenants and agrees to execute and deliver upon demand such <br /> further instruments evidencing such subordination of this Lease to <br /> any such ground or underlying lease and to the lien of any such <br /> mortgage as may be required by the Landlord. Notwithstanding <br /> anything hereinabove contained, in the event the holder of any such <br /> Y g <br /> mortgage or the Landlord under any such ground or underlying lease <br /> 8 <br />
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