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2002 - 05-20-02 Regular Meeting
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2002 - 05-20-02 Regular Meeting
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2/26/2009 11:48:23 AM
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Board of Commissioners
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G2G <br />rac= 87 ' <br />cco~ ~8 <br />County, North Carolina during the term of this Lease for any reason, this Lease shall <br />expire of its own accord on the day of the second full month following Landlord's receipt <br />of such notice or upon vacation of the Premises, whichever occurs later. Future payments <br />following such expiration, which would otherwise be required under paragraph 3 shall be <br />waived by the Landlord. Such abbreviated Lease term shall be subject to each and every <br />other term and condition herein, including the right of Landlord to require restoration of <br />the Premises to their original condition at the Tenant's expense, as provided under <br />paragraph I 1 and the Landlord's right to charge the Tenant for such cost of restoration. <br />20. BANKRUPTCY. If a general assignment is made by Tenant for the <br />benefit of creditors, or any action is taken by Tenant under any insolvency or bankruptcy <br />act, or if a receiver is appointed to take possession of all or substantially all of the assets <br />of Tenant (and Tenant fails to terminate such receivership within 60 (sixty) days after <br />such appointment), or if Tenant is adjudicated a bankrupt, then this Lease shall terminate <br />upon the occurrence of any such contingency and shall expire as fully and completely as <br />if the day of the occurrence of such contingency were the date specified in this Lease for <br />the expiration thereof. Tenant will then quit and surrender the Premises to Landlord. <br />21. DEFAULT. If Tenant fails to pay any rent or other sum due hereunder at <br />the time set forth in this Lease, and if Tenant continues to fail to pay same within five (5) <br />days after written notice from the Landlord, or in the event Tenant fails to perform or <br />observe any other covenant to be performed by Tenant under this Lease and continues to <br />fail to perform or observe same for a period of fifteen (15) days after receipt of written <br />notice from the Landlord pertaining thereto (or a reasonable period of time, if using due <br />diligence, if such default cannot be cured within said fifteen (15) day period), then Tenant <br />shall be deemed to have breached this Lease and Landlord, at its option, may have any <br />one or more of the following remedies, in addition to other rights or remedies it may have <br />at law or in equity: <br />(a) Continue this Lease in effect by not terminating Tenant's right of <br />possession of the Premises, and thereby be entitled to enforce all Landlord's rights and <br />remedies under this Lease including the right to recover the rent specified in this Lease as <br />it becomes due under this Lease; or <br />(b) Terminate Tenant's right to possession of the Premises, thereby <br />terminating this Lease, and recover as damages from Tenant: <br />1. The worth at the time of award of the unpaid rent which <br />had been earned at the time of termination of this Lease; <br />2. The worth at the time of award of the amount by which the <br />unpaid rent which would have been earned after termination of the Lease until the <br />time of award exceeds the amount of rental loss that Tenant proves could have <br />been reasonably avoided; <br />3. The worth at the time of award of the amount by which the <br />unpaid rent for the balance of the term after the time of award exceed the amount <br />of rental loss that Tenant proves could be reasonably avoided; <br />13 <br />
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