Orange County NC Website
Page 6 of 12 <br /> <br />days after the commencement of any such proceeding against the Tenant such petition shall not <br />have been dismissed. <br /> <br /> (b) Upon the expiration or termination of this Lease, the Tenant shall peacefully <br />surrender the Leased Premises to the County, and the County, upon or at any time after such <br />expiration or termination, County may, without further notice, reenter the Leased Premises and <br />repossess it by force, summary proceedings, ejectment, or otherwise, and may dispossess the <br />Tenant and remove the Tenant and all other persons and property from the Leased Premises <br />and the right to receive all rental income therefrom. <br /> <br /> (c) At any time after such expiration, the County may relet the Leased Premises <br />or any part thereof, in the name of the County or otherwise, for such term (which may be greater <br />or less than the period which would otherwise have constituted the balance of the term of this <br />Lease) and on such conditions (which may include concessions or free rent) as the County, in <br />its uncontrolled discretion, may determine, and may collect and receive the rent thereof. <br /> <br /> (d) No such expiration or termination of this Lease shall relieve the Tenant of its <br />liability or obligations under this Lease, and such liability and obligations shall survive any such <br />expiration or termination. In the event of any such expiration or termination, whether or not the <br />Leased Premises or any part any part thereof shall have been relet, the Tenant shall pay to the <br />County the rent and additional rent required to be paid by the Tenant up to the time of such <br />expiration, and thereafter the Tenant, until the end of what would have been the term of this <br />Lease in the absence of such expiration, shall be liable to the County for, and shall pay to the <br />County, as and for liquidated and agreed current damages for the Tenant's default: <br /> <br /> 1. The equivalent of the amount of the rent and additional rent which <br />would be payable under this Lease by the Tenant if this Lease were still in effect, less <br /> <br /> 2. The greater of: <br /> <br /> (a) The fair rental value of the Leased Premises for the remaining term <br />of the Lease, after deducting all the County's reasonable expenses in connection with such <br />reletting, including, without limitation, all repossession costs, brokerage Commissions, legal <br />expenses, reasonable attorney's fees, alteration costs, and expenses of preparation for such <br />reletting. <br /> <br /> (b) The net proceeds of any reletting effected pursuant to the provisions <br />of paragraph d. of this article, after deducting the County's reasonable expenses in connection <br />with such reletting, including, without limitation, all repossession costs, brokerage <br />commissions, legal expenses, reasonable attorney's fees, alteration costs, and expenses of <br />preparation for such reletting. <br /> <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 the County shall have collected any monthly deficiency, the County shall be <br />entitled to recover from the Tenant, and the Tenant shall pay to the County, on demand, as and <br />for liquidated and agreed final damages for the Tenant's default, an amount equal to the <br />difference between the rent and additional rent reserved hereunder for the expired portion of the <br />Lease of the Leased Premises for the same period. In the computation of such damages the <br />10