CCP 04-27-1998 - Laserfiche WebLink

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otherwise) necessary to return the Premises to good condition and preparing the Premises for rcletting; . (C) Removing, transporting, and storing any of Lessee's property left at the Premises (although Lessor shall have no obligation to remove, transport, or store any of the property); (0) Reletting the Premises, including without limitation brokerage commissions, advertising costs, and attorney's fees; (E) Attorneys' fees, expert witness fees, and court costs; (F) Any unamortized real estale brokerage commissions paid in connection with this Lease; and (0) Costs of carrying the Premises, such as repairs. maintenance, taxes and insurance premiums, utilities, and security precautions, if any. The "worth at the time of award" of the amounts referred to in paragraphs 13.2(a)(i) and (ii) is computed by allowing interest at an annual rate equat to eleven percent (11 %), (b) Maintain Lessee's right to posscssion, in which case this Lease shall continue in effect whether or not Lessee has vacated or abandoned the Premises. In such event Lessor shall be entitled to enforce all of its rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. In such event. Lessor may also elect to relet the Premises for the account of Lessee for a period, which may extend beyond the term hereof, and for such other terms as Lessor may reasonably deem appropriate. Lessee shall reimburse Lessor upon demand for aJ( costs incurred by Lessor in connection with such reletting, including, without limitation, necessary restoration, renovation, or improvement costs, attorneys' fees, and brokerage commissions. The proceeds of such reletting shall be applied first to any sums then due and payable to Lessor from Lessee, including the reimbursement described above. The balance. if any, shall be applied to the payment of future rent as it becomes due hereunder. Acts of maintenance or preservation or efforts to relet the Premises or the appointment of a receiver upon the initiative of Lessor to protect its interest under this Lease shall not constitute a . temlination of Lessee's right to possession. (e) Pursue any other remedy now or hereafter available to Lessor under the laws or judicial decisions of the state of Minnesota. Unpaid installments of rent and other unpaid monetary obligations ofLcssec under the tenns of this Lease shall bear interest from the date due at tbe maximum ratc then allowable by law_ (d) If Lessee should fail to pay any sum of money, other than rental to Lessor, required to be paid hereunder or should fait to perform any other act on its part to be perfonned hereunder and such failure should continue for thirty (30) days after notice thereof by Lessor. or such longer period as may be allowed hereunder. Lessor may, but shall not be obligated to, without waiving or releasing Lessee from any obligations of Lessee, make any such payment or .. ;' perform any such other act on Lessee's part to be made or performed as set forth in this Lease. Any and al( sums so paid by Lessor and all necessary incidental costs shaH be payable to Lessor on demand from tbe date of Lessor's expense or incurring of such costs to the date repaid at a rate equal to the lesser of (i) tbe rate of inter cst publicly announced from time to time by Wells Fargo Bank N.A. as its "prime rate" for unsecured commercial loans, plus four percent (4%), or (ii) the maximum rate allowed by law_ 13.3 Default by Lessor. Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perfonn such obligation; provided. however. that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance, then Lessor shall not be in default if Lessor commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. 13.4 Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expenses or other sums due hereunder will . cause Lessor to incur costs not contemplated by this Lease, the exact amount of which wilt be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. and late charges that may be imposed on Lessor by the terms of any "'."MI"UI"OUS\...OLII.lUpPORn..."D..T..I..N8.IQ.....o\R""....U'...CRfa.lENI.hillll'Ol.d page 15 (S:WOATAlAMsIGENOOLIFORMSIRE"-LE-M,DOC)