Orange County NC Website
13 <br /> <br />Tenant. Acceptance of such late charge by Landlord shall in no event constitute a <br />waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord <br />from exercising any of the other rights and remedies granted hereunder. In the event <br />that a late charge is payable hereunder, whether or not collected, for three (3) <br />consecutive installments of any of the aforesaid monetary obligations of Tenant, then <br />Base Rent shall automatically become due and payable quarterly in advance, rather <br />than monthly, notwithstanding any other provision of this Lease to the contrary. <br /> <br />17.3. NOTICE The written Notice required of Landlord under the preceding <br />section shall provide for ten (10) days of grace to cure a monetary default, or thirty (30) <br />days to cure a non-monetary default which can reasonably be cured in thirty (30) days; <br />and, for any non-monetary default not curable in thirty (30) days, that Tenant shall <br />commence to cure within thirty (30) days and thereafter proceed diligently and in good <br />faith to complete the curing of said default as soon as possible. <br /> <br />17.4. RIGHT OF RE-ENTRY If the Notice provided shall have been given as set forth in <br />Section 17.3 and Tenant fails to cure or commence to cure as therein provided, and the <br />term shall expire as aforesaid, or should Landlord elect not to terminate this lease, <br />Landlord shall have the immediate right to re-entry and may (without breach of the <br />peace) remove all persons and property from the Demised Premises and such property <br />may be removed and stored in a public warehouse or elsewhere at the cost of, and for <br />the account of Tenant, all without further service of Notice or resort to legal process <br />(all of which Tenant expressly waives) and without being deemed guilty of trespass, or <br />becoming liable for any loss or damage which may be occasioned thereby except to the <br />extent occasioned by Landlord's gross negligence or intentional damage. Landlord shall <br />have a lien for the payment of all sums agreed to be paid by Tenant herein upon all <br />Tenant's property stored by Landlord, which is to be in addition to any Landlord's lien <br />now or that may thereafter be provided by Law. <br /> <br />17.5. REMEDIES Should Landlord elect to re-enter or should it take possession <br />pursuant to legal proceedings or pursuant to any Notice provided for by law, after <br />Notice provided as set forth in Section 17.3 and Tenant fails to cure or commence to <br />cure as therein provided, Landlord may make such alterations and repairs as may be <br />necessary in order to relet the premises, and relet said premises or any part thereof for <br />such term of terms (which may be for a term extending beyond the term of this lease) <br />and at such rentals and upon such other terms and conditions as Landlord in its sole <br />discretion may deem advisable. Upon each such reletting, all rentals received by <br />landlord from such reletting shall be applied, first, to the payment of any indebtedness <br />other than rent due hereunder from Tenant to Landlord; second, to the payment of any <br />cost and expenses of such reletting, including brokerage fees and attorney's fees, and <br />of cost of such alterations and repairs; third, to the payment of rent, due and unpaid <br />hereunder, and the residue, if any, shall be held by Landlord and applied in payment of <br />future rent as the same may become due and payable hereunder. If such rentals <br />received from such reletting during any month be less than that to be paid during that <br />Docusign Envelope ID: 1D68F173-6B6F-4424-9E87-2885D9C25A5C