Orange County NC Website
injunctions, suits, fines, penalties, claims and demands, including reasonable counsel fees, arising <br />out of any violation of or default in these covenants. <br />17. Coun 's Ri ht to Cause Bx iratio u on Listed Defaults <br />A. The occurrence of any of the following shall constitute an event of default: <br />1. Delinquency in the due and punctual payment of any rent or additional rent payable <br />under this lease when such rent shall become payable, for a period of five days after the due date. <br />2. Delinquency by the Tenant in the performance of or compliance with any of the <br />conditions contained in this lease other than those referred to in the foregoing subparagraph 1, for a <br />period of 30 days after written notice thereof from the County to the Tenant, except for any default <br />not susceptible of being cured within such 30-day period, in which event the time permitted to the <br />Tenant to cure such default shall be extended far as long as shall be necessary to cure such default, <br />provided the Tenant commences promptly and proceeds diligently to cure such default, and provided <br />further that such period of time shall not be so extended as to jeopardize the interest of the County in <br />this lease or so as to subject the County to any civil or criminal liabilities. <br />3. Filing by the Tenant in any court pursuant to any statute, either of the United States <br />or any state, or a petition in bankruptcy or insolvency or far reorganization, or for the appointment <br />of a receiver or trustee of all or a portion of the Tenant's property, or an assignment by the Tenant for <br />the benefit of creditors. <br />4. Filing against the Tenant in any court pursuant to any statute, either of the United <br />States or of any state, of a petition in bankruptcy or insolvency, or for reorganization, or for <br />appointment of a receiver or trustee of all or a portion of the Tenant's property, if within 180 days <br />after the commencement of any such proceeding against the Tenant such petition shall not have <br />been dismissed. <br />B. Upon the expiration or termination of this lease, the Tenant shall peacefully surrender the leased <br />property to the County, and the County, upon or at any time after such expiration or termination may, <br />without further notice, reenter the leased property and repossess it by force, summary proceedings, <br />ejectment, or otherwise, and may dispossess the Tenant and remove the Tenant and all other <br />persons and property from the leased property and the right to receive all rental income therefrom. <br />C. At any time after such expiration, the County may relet the leased property or any part thereof, in <br />the name of the County or otherwise, for such term (which may be greater or less than the period <br />which would otherwise have constituted the balance of the term of this lease) and on such conditions <br />(which may include concessions or free rent) as the County, in its uncontrolled discretion, may <br />determine, and may collect and receive the rent thereof. <br />D. No such expiration of this lease .shall relieve the Tenant of its liability or obligations under this <br />lease, and such liability and obligations shall survive any such expiration. In the event of any such <br />expiration, whether or not the leased properly or any part any part thereof shall have been relet, the <br />Tenant shall pay to the County the rent and additional rent required to be paid by the Tenant up to the <br />time of such expiration, and thereafter the Tenant, until the end of what would have been the term of <br />this 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 would be payable under this <br />lease by the Tenant if this lease were still in effect, less <br />