Orange County NC Website
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 /> (c) At any time after such expiration , the County may redet 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 its <br /> uncontrolled discretion , may determine , and may collect and receive the rent thereof. <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 redet , 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 /> 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 /> 2 . The greater of: <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 re- <br /> letting , including , without limitation , all repossession costs , brokerage Commissions , legal <br /> expenses , reasonable attorney' s fees , alteration costs , and expenses of preparation for such re- <br /> letting . <br /> ( b) The net proceeds of any re- letting effected pursuant to the <br /> provisions of paragraph d . of this article , after deducting all the County' s reasonable expenses <br /> in connection with such re- letting , including , without limitation , all repossession c o s t s , <br /> brokerage commissions , legal expenses , reasonable attorney's fees , alteration costs , and <br /> expenses of preparation for such re- letting . <br /> (e) The Tenant shall pay such current damages ( herein called "deficiency") to <br /> the 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 or not the County shall have collected any monthly deficiency , the County <br /> shall be entitled to recover from the Tenant , and the Tenant shall pay to the County , on <br /> demand , as and for liquidated and agreed final damages for the Tenant' s default , an amount <br /> equal to the difference between the rent and additional rent reserved hereunder for the expired <br /> portion of the lease of the Leased Premises for the same period . In the computation of such <br /> damages the difference between any installment of rent becoming due hereunder after the date <br /> of termination and the fair and reasonable rental value of the Leased Premises for the period <br /> for which such installment was payable shall be discontinued to the date of termination at the <br /> rate of four percent per annum . <br /> Page 5 of 11 <br />