Reso 1996-031 to 035 - Laserfiche WebLink

Home

E. City can terminate Lessee's right to possession of the premises at any time. No act by City other than giving notice to Lessee shall terminate this lease. Acts of maintenance, efforts to relet the premises, or the appointment of a receiver on City's initiative to protect City's interest under this lease shall not constitute a termination of Lessee's right to possession. On termination, City has the right to recover from Lessee: 1. The worth, at the time of the award, which shall be time of the entry of judgment, of the unpaid rent that had been earned at the time of termination of this lease; 2. The worth, at the time of the award, of the amount by which the unpaid rent that would have been earned after the date of termination of this lease until the time of award exceeds the amount of the loss of rent that Lessee proves could have been reasonably avoided; 3. The worth, at the time of the award, of the amount of which the unpaid rent for the balance of the term after the time of award exceeds the amount of the loss of rent that Lessee proves could have been reasonably avoided; and 4. Any other amount, including, without limitation, attorney's fees, commissions, expert witness fees and court costs, necessary to compensate City for all detriment proximately caused by Lessee's default. "The worth, at the time of award," as used in 1. and 2. of this Section, is to be computed by allowing interest at the maximum rate an individual is permitted to charge. "The worth, at the time of the award," as referred to in 3. of this Section, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award, plus one percent (1 %). F. If Lessee is in default of this lease, City shall have the right to have a receiver appointed to collect rent and conduct Lessee's business. Neither the filing of a petition for the appointment of a receiver nor the appointment itself shall constitute an election by City to terminate this lease. G. City at any time after Lessee commits a default, can cure the default at Lessee's cost. If City, at any time, by reason of Lessee's default, pays any sum or does any act that requires the payment of any sum, the sum paid by City shall be due immediately from Lessee to City at the time the sum is paid, and if paid at a later date shall bear interest at a maximum rate an individual is permitted by law to charge from the date the sum is paid by City until City is reimbursed by Lessee. The sum, together with interest on it, shall be additional rent. H. Lessee acknowledges that late payment of rent will cause City to incur costs not contemplated by this lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, 32