Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> and under governing law. All of the remedies given to Landlord in this Lease or by law shall be <br /> cumulative, and the exercise of one right or remedy by Landlord shall not impair its right to exercise <br /> any other right or remedy. <br /> <br /> In the event of election under (2) above to terminate Tenant's right to possession only, <br /> Landlord may, at Landlord's option, proceed to demand possession by notice and proceeding under <br /> the Unlawful Detainer Law of Minnesota and take and hold possession thereof without such <br /> proceeding or entry into possession terminating this Lease or releasing Tenant in whole or in part <br /> from Tenant's obligation to pay the rent hereunder for the full term. Upon re-entry Landlord may <br /> remove all personal property from the. Leased Space and such property may be removed and stored in <br /> a public warehouse or elsewhere at the cost of and for the account of Tenant, all without service of <br /> notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for <br /> any loss or damage that may be occasioned thereby. Upon and after entry into possession without <br /> termination of Lease, Landlord shall use reasonable efforts to relet the premises, or any part thereof <br /> for the account of Tenant, to any other person, firm or corporation, for such rent and other charges for <br /> such time and upon such terns as Landlord, in Landlord's sole subjective discretion shall determine, <br /> but Landlord shall not be required to accept any potential tenant offered by Tenant or to observe any <br /> instruction given by Tenant about such reletting. Landlord may make repairs or redecorate the <br /> premises to the extent deemed by the Landlord necessary or commercially reasonable. <br /> Notwithstanding any action of possession or re-entry into the Leased Premises by the Landlord as <br /> permitted in this Article, or termination of this Lease as permitted under this Article, it is stipulated <br /> and agreed that Tenant shall remain liable to Landlord for damages for breach of this Lease and of <br /> Tenant's covenants hereunder in an amount equal to the total of the following: <br /> <br /> (a) All fixed minimum rent, additional rent, late charges, additional rent payable <br /> for and otherwise, and any and all charges payable by Tenant hereunder or <br /> under other agreements with the Landlord due for the period prior to the date <br /> of termination of this Lease or re-entry but unpaid, together with additional. <br /> late charges from the due date until paid; PLUS <br /> <br /> (b) All costs and expenses incurred by Landlord in connection with re-entry and <br /> repossession of the Leased Space, the repair, renovation, remodeling, or <br /> redecoration thereof to the state required by this Lease upon termination, or <br /> as may be necessary for reletting, and any brokers' commissions, attorneys' <br /> fees, and other charges incurred in connection therewith or in connection with. <br /> reletting the Leased Space, including attorneys' fees, expended in the <br /> collection of rents; PLUS <br /> <br /> (c) A sum equal to the present value of all rents that would have been payable <br /> hereunder after the date of termination or re-entry for the balance of the term <br /> of this Lease had the Lease not been terminated or re-entry made, together <br /> with interest thereon at the rate of two percent (2%) per annum in excess of <br /> the prime rate as quoted by U.S. Bank National Association to its best <br /> customers, or the highest rate permitted by law, whichever is less from due <br /> date until paid, PROVIDED THAT, in the event the Leased Space is relet <br /> (which reletting shall in no event relieve or release Tenant of or from liability <br /> for damages hereunder) for all or any part of the balance of the original term <br /> <br /> 9 <br />