Agenda - Council - 08/13/2002 - Laserfiche WebLink

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unless the termination of this lease agreement is decreed by a court of competent jurisdiction. In spite of any re-letting without telxnination, LESSOR may at any time thereafter elect to terminate this lease agreement for such previous breach. Should LESSOR at any time terminate this lease agreement for any breach, in addition to any other remedy it may have, LESSOR may recover from LESSEE all damages incurred by reason of the breach, including the cost of recovering the demised premises, and including the worth at the time of termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this lease for the remainder of the stated term over the then reasonable rental value of the demised premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from LESSEE to LESSOR. SECTION TWENTY-EIGHT LESSOR'S RIGHT TO PERFOP4M In the event that LESSEE by failing or neglecting to do or perform any act or thing provided in this lease agreement-by it to .be done or performed, shall be in default under this lease agreement and such failure shall continue for a period of__ days after written notice from LESSOR specifying the nature of the act or thing to be done or performed, then LESSOR may, but shall not be required to, do or perform or cause to be done or performed such act or thing (entering on the demised premises for such purposes, if LESSOR shall so elect), and LESSOR shall not be held liable or in any way responsible for any loss, inconvenience, annoyance, or damage resulting to LESSEE on account of that election. LESSEE shall repay to LESSOR on demand the entire expense incurred on account of the election, including compensation to the agents and employees of LESSOR. Any act or thing done by LESSOR pursuant to the provisions of this section shall not be or be construed as a waiver of any such default by LESSEE, or as a waiver of any covenant, term, or condition contained in this lease agreement, or of any other right or remedy of LESSOR, under this lease agreement or otherwise. All amounts payable by LESSEE to LESSOR under any of the provisions of this lease agreement, if not paid when they become due as in this lease agreement provided, shall bear interest from the date they become due until paid at the rate of __% per annum, compounded annually. SECTION TWENTY-NINE LESSEE'S RIGHT OF FIRST REFUSAL TO PURCHASE DEMISED pREMISES If at any time during the term of this lease agreement LESSOR shall receive from any third party a bona fide offer to purchase the demised premises at a price and on terms acceptable to LESSOR, LESSOR shall give written notice of the price and terms to LESSEE, and LESSEE shall have 30 days thereafter in which to execute a written agreement with LESSOR for the purchase of the demised premises at that price and on those terms. If LESSOR shall so notify LESSEE and LESSEE shall fail to execute the agreement within the 30 day period, LESSOR shall thereafter be free to sell the property to the third party making the offer on the same terms and conditions set forth in the offer. If the property is so sold to that party, then all rights of LESSEE under this section shall promptly terminate. If the property is not sold to the party making the offer, then LESSOR shall give LESSEE the same right to purchase the property on receiving any subsequent offer fi'om any third party that is acceptable to LESSOR; provided, however, that nothing contained in this section shall in any way limit the right of LESSOR to transfer or convey -234- 13 I I ! I I I I I I