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Agenda - 09-19-2017 - 8-d - 401 Valley Forge Road Property Lease Modification – Builders FirstSource
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Agenda - 09-19-2017 - 8-d - 401 Valley Forge Road Property Lease Modification – Builders FirstSource
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9/14/2017 4:57:38 PM
Creation date
11/1/2017 10:16:14 AM
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BOCC
Date
9/19/2017
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
8d
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21 <br /> by acceding to the demands of the opposing party or parties when <br /> such course is in the judyiuent of Tenant unfavorable to Tenant . . <br /> b. Whenever any event of default referred to in this <br /> Lease shall have happened and be subsisting, Landlord may take <br /> any one or more of the following remedial steps : <br /> (i) Landlord may, at its option, declare all <br /> installments of rent payable for the remainder of the Lease Term <br /> to be immediately due and payable, whereupon the same shall <br /> become immediately due and payable. <br /> (ii) Landlord may re-enter and take possession of <br /> the Premises without terminating this Lease, and sublease the <br /> Premises for the account of Tenant, holding Tenant liable for the <br /> difference in the rent and other amounts payable by such <br /> subtenant in such subleasing and the rents and other amounts <br /> payable by Tenant hereunder. <br /> (iii) Landlord may terminate the Lease Term, <br /> exclude Tenant from possession of the Premises and use its best <br /> efforts to lease the Premises to another for the account of <br /> Tenant, holding Tenant liable for all rent and other payments due <br /> up to the effective date of such leasing. <br /> (iv) Landlord may take whatever action at law or <br /> in equity may appear necessary or desirable to collect the rent <br /> and any other amounts payable by Tenant hereunder, then due and <br /> thereafter to become due, or to enforce performance and <br /> observance of any obligation, agreement or covenant of Tenant <br /> under this Lease. <br /> Any amounts collected pursuant to action taken under this <br /> subparagraph shall be applied to the account of Tenant . <br /> c. No remedy herein conferred upon or reserved to <br /> Landlord is intended to be exclusive of any other available <br /> remedy or remedies, but each and every such remedy shall be <br /> cumulative and shall be in addition to every other remedy given <br /> under this Lease or now or hereafter existing at law or in equity <br /> or by statute. No delay or omission to exercise any right or <br /> power accruing upon any default shall impair any such right or <br /> power or shall be construed to be a waiver thereof, but any such <br /> right and power may be exercised from time to time and as often <br /> as may be deemed expedient . In order to entitle Landlord to <br /> exercise any remedy reserved to it, it shall not be necessary to <br /> give any notice, other than such notice as may be herein <br /> expressly required. <br /> d. In the event Tenant should default under any of <br /> the provisions of this Lease and Landlord should employ attorneys <br /> or incur other expenses for the collection of rent or the <br /> enforcement of performance or observance of any obligation or <br /> agreement on the part of Tenant herein contained, Tenant agrees <br /> 16 <br />
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