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8869-16 Lease Agreement with Lakewood Child Care Center
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8869-16 Lease Agreement with Lakewood Child Care Center
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continues to cure such default and completes such cure within a reasonable <br />amount of time, not to exceed sixty (60) additional days. <br />13.2 Tenant's Default — Remedies: In the event of an uncured default by Tenant, <br />Landlord shall be entitled to any and all remedies under applicable law. In addition <br />to any such remedies, Landlord may, by three days' written notice to Tenant, <br />terminate this Lease, or without terminating this Lease re -enter the Premises <br />peaceably and lawfully. Under no circumstances is this Lease to be an asset for <br />Tenant's creditors by operation of law or otherwise. No re -entry or taking <br />possession of the Premises by Landlord shall be construed as an election on <br />Landlord's part to terminate this Lease unless a written notice of termination is <br />given to Tenant or unless the termination of this Lease is decreed by a court of <br />competent jurisdiction. All remedies available to Landlord are cumulative. No <br />termination of this Lease nor taking of possession of the Premises by Landlord <br />shall deprive Landlord of any applicable remedies against Tenant or relieve Tenant <br />from any liability for damages under this Lease, in addition to the above, upon the <br />termination of the Child Care Services Agreement between the parties dated <br />August 22, 2011, either party may terminate this Lease upon three (3) days prior <br />written notice to the other party. <br />13.3 Reletting of the Premises: Landlord shall, on behalf of Tenant if Landlord re- enters <br />the Premises without terminating this Lease or on Its own behalf if the Lease is <br />terminated, attempt to relet the Premises, Any such reletting shall be for any <br />period, for any sum (including rental concessions and rent -free occupancy), and on <br />any other terms and conditions which Landlord may deem suitable and <br />satisfactory, provided that at all times Landlord acts in a commercially reasonable <br />manner. In the event of any reletting, Landlord shall apply the rent therefrom first <br />to the payment of Landlord's expenses, Including attorneys' fees Incurred by <br />reason of Tenant's default, brokerage commissions, and the cost of repairs, <br />renovation or alteration of the Premises, and the balance to the payment of <br />Rentals and all other sums due from Tenant hereunder, with Tenant remaining <br />liable for any deficiency. Landlord's obligations pursuant to this paragraph 13,3 <br />shall be subject to the reasonable requirements of Landlord to develop in a <br />harmonious manner the real estate of which the Premises are a part. <br />14. SURRENDER OF PREMISES <br />On the Lease Termination, Tenant covenants to peacefully yield up and surrender the <br />Premises broom clean and in good order, repair and condition, reasonable wear and tear <br />and damage from fire and casualty loss and damage due to Landlord's negligence <br />excepted, and to remove all Tenant's property and all Alterations required or permitted to <br />be removed under the provisions of Section 6 hereof. <br />15. ATTORNEYS'FEES <br />15.1 Party to Litigation: If either party becomes a party to any litigation concerning this <br />Lease or the Premises by reason of any act or omission of the other party or Its <br />authorized representatives (the "Innocent Party "), then the Innocent Party shall be <br />entitled to be reimbursed by the other party hereto for reasonable attorneys' fees <br />and court costs incurred by the Innocent Party in the litigation. <br />10 <br />
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