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CCP 04-27-2010
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CCP 04-27-2010
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12/21/2018 10:47:54 PM
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4/23/2010 2:42:06 PM
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for damages hereunder) for all or any part of the balance of the original term <br />hereof then, for each month during such reletting for which Landlord receives <br />net avails of such reletting, Tenant shall be entitled to a credit against its <br />liability to Landlord for such month in an amount equal to such net avails, <br />and PROVIDED FURTHER that, in lieu of damages set forth in the <br />foregoing provisions of this Section, Landlord may waive such foregoing <br />provisions and elect, by written notice to Tenant within ninety (90) days after <br />termination or re-entry, to receive forthwith as liquidated damages for such <br />breach, in addition to the amounts specified above, a sum equal to fifteen <br />percent (15%) of the rents that would have been due and payable for the <br />portion of the balance of the term of the Lease from the date of early <br />termination or re-entry through the final lease year. <br />10.3 COSTS, EXPENSES AND ATTORNEYS FEES. If one party is required to seek <br />legal counsel for collection or to commence litigation or arbitration in order to enforce the covenants <br />and agreements of this Lease, the party prevailing in such collection, litigation or arbitration shall <br />have the right to reimbursement from the other party of all reasonable costs, expenses and attorney's <br />fees. <br />ARTICLE XI - MISCELLANEOUS PROVISIONS <br />11.1 HOLDING OVER. If either party terminates Lease Agreement and in the event that <br />Tenant continues to occupy the Leased Space after the expiration of the term of this Lease hereof <br />without entering into a new Lease hereof said tenancy shall be construed to be a "tenancy from <br />month to month" upon all of the other terms and conditions herein contained, except where same are <br />not applicable, and except that the rental during such holdover period shall be the then current <br />"minimum rent" plus fifty percent (50%) thereof and all "additional rent" shall continue to be paid. <br />11.2 ENTIRE AGREEMENT. This Lease is executed in identical counterparts, each of <br />which, when bearing original initials of the parties on each page and at each change in the text hereof <br />as well as original signatures at the end of the document, shall constitute an original for all purposes. <br />All previous agreements, whether oral or written, are superseded by and merged with this Lease. <br />Subsequent change shall not be binding unless reduced to writing and signed by the parties hereto. <br />11.3 INVALIDATION OF PARTICULAR PROVISIONS. If any clause, term or provision <br />of this Lease, or the application thereof to any person or circumstance shall, to any extent, be invalid <br />or unenforceable, the remainder of this Lease, or the application of such term or provision to persons <br />or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected <br />thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent <br />permitted by law. It is the intention of the parties hereto than in lieu of each clause, term or provision <br />of this Lease that is illegal, invalid or unenforceable, there be added as part of this Lease a clause, <br />term or provision similar to such illegal, invalid or unenforceable clause, term or provision as may be <br />possible and would be legal, valid and enforceable. <br />11.4 PROVISIONS BINDING ETC. Except as herein otherwise expresslyprovided, the <br />terms hereof shall be binding upon and shall inure to the benefit of the heirs, successors, assigns and <br />0 <br />
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