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CCP 10-22-2013
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CCP 10-22-2013
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4/26/2021 2:28:39 AM
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10/18/2013 11:15:16 AM
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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 <br /> under the Unlawful Detainer Law of Minnesota and take and hold possession thereof without <br /> such proceeding or entry into possession terminating this Lease or releasing Tenant in whole or <br /> in part from Tenant's obligation to pay the rent hereunder for the full term. Upon re-entry <br /> Landlord may remove all personal property from the Leased Space and such property may be <br /> removed and stored in a public warehouse or elsewhere at the cost of and for the account of <br /> Tenant, all without service of notice or resort to legal process and without being deemed guilty of <br /> trespass, or becoming liable for any loss or damage that may be occasioned thereby. Upon and <br /> after entry into possession without termination of Lease, Landlord shall use reasonable efforts to <br /> relet the premises, or any part thereof for the account of Tenant, to any other person, firm or <br /> corporation, for such rent and other charges for such time and upon such terms as Landlord, in <br /> Landlord's sole subjective discretion shall determine,but Landlord shall not be required to accept <br /> any potential tenant offered by Tenant or to observe any instruction given by Tenant about such <br /> reletting. Landlord may make repairs or redecorate the premises to the extent deemed by the <br /> Landlord necessary or commercially reasonable. Notwithstanding any action of possession or <br /> re-entry into the Leased Premises by the Landlord as permitted in this Article, or termination of <br /> this Lease as permitted under this Article, it is stipulated and agreed that Tenant shall remain <br /> liable to Landlord for damages for breach of this Lease and of Tenant's covenants hereunder in <br /> an amount equal to the total of the following: <br /> (a) All fixed minimum rent, additional rent, late charges, additional rent <br /> payable for and otherwise, and any and all charges payable by Tenant <br /> hereunder or under other agreements with the Landlord due for the period <br /> prior to the date of termination of this Lease or re-entry but unpaid, <br /> together with additional late charges from the due date until paid; PLUS <br /> (b) All costs and expenses incurred by Landlord in connection with re-entry <br /> and repossession of the Leased Space, the repair, renovation, remodeling, <br /> or redecoration thereof to the state required by this Lease upon <br /> termination, or as may be necessary for reletting, and any brokers' <br /> commissions, attorneys' fees, and other charges incurred in connection <br /> therewith or in connection with reletting the Leased Space, including <br /> attorneys' fees, expended in the collection of rents; PLUS <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 <br /> term of this Lease had the Lease not been terminated or re-entry made, <br /> together with interest thereon at the rate of two percent (2%)per annum in <br /> excess of the prime rate as quoted by U.S. Bank National Association to <br /> its best customers, or the highest rate permitted by law, whichever is less <br /> from due date until paid, PROVIDED THAT, in the event the Leased <br /> Space is relet (which reletting shall in no event relieve or release Tenant of <br /> or from liability for damages hereunder) for all or any part of the balance <br /> of the original term hereof then, for each month during such reletting for <br /> which Landlord receives net avails of such reletting, Tenant shall be <br /> entitled to a credit against its liability to Landlord for such month in an <br /> amount equal to such net avails, and PROVIDED FURTHER that, in lieu <br /> 8 <br />
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