2004 047 Ordinance - Laserfiche WebLink

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may receive and collect the rent due and such collection or receipt shall not operate as a waiver or not affect such notice, suit or judgment. 19. DEFAULT PROVISION. If LESSEE shall at any time be in default in the payment of rent herein reserved or in the performance of any of the covenants, terms, conditions or provisions of this Lease and LESSEE shall fail to remedy such default within fifteen (15) days after receipt of notice thereof from LESSOR in the event the default is as to payment of rent, or within thirty (30) days after receipt of notice thereof, if the default relates to matters other than the payment of rent (but LESSEE shall not be deemed in default if LESSEE commences to remedy said default other than related to payments of rental within said thirty (30) day period and proceeds therewith with due diligence), LESSOR may, by notice to LESSEE, terminate this Lease, or without terminating this Lease, enter the PREMISES by summary proceedings or otherwise, and in either event, may dispossess LESSEE. In the event of such re-entry, LESSOR may relent the PREMISES and apply the rent there from first to the payment of LESSOR'S expenses incurred by reason of LESSEE'S default and the expenses of relating and then to the payment of rent and all other sums due from LESSEE hereunder, LESSEE remaining liable for any deficiency, for loss of rent by a payment at the end of each lease month equal to the difference between LESSEE'S rental obligation and the rents actually derived from the PREMISES by the LESSOR for such month. All remedies herein provided shall be in addition to, and not in substitution for, any remedies otherwise available to LESSOR. 20. LATE CHARGES. The rental installment, including increases, is due in accordance with the provisions set forth herein above. If said installments are greater than fifteen (15) days past due, the LESSOR may charge the LESSEE a penalty of fifteen dollars ($15.00) per calendar day for every day that exceeds the fifteen (15) day period. Said penalty, if charged, shall be deducted from any subsequent installments first and the balance of said installments shall be applied to rental payments. This provision shall be applied also to partial installments of rents and or failure to pay any increases in rents after notices thereof, or initial recompense assets for the above. 21. NOTICES. Any notice or consent required to be given by or on behalf of either party upon the other shall be in writing and shall be given by mailing such notice or consent by registered or certified mail addressed to the other party at the address herein before specified and or the premises, or at such other address as may be specified from time to time in writing delivered to the other party. Notices shall be sent to the parties at the addresses listed above. 22. WAIVER. No waiver of any condition of legal right or remedy shall be implied by the failure to LESSOR to declare a forfeiture by course of dealing, or by LESSOR'S waiver of any other default of LESSEE'S hereunder, and no waiver of any condition or covenant shall be valid unless it is in writing signed by LESSOR. 6