Fillable Commercial Lease Contract - Triple Net (Page 7 of 9) in pdf

expenses of such reletting, including, but not limited, attorney's fees, advertising fees and

brokerage fees, and to the payment of any repairs, renovation, remodeling, redecorations,

alterations and changes in the Premises: third, to the payment of rent and additional rent due and

payable hereunder and interest thereon; and, if after applying said rentals there is any deficiency in

the rent and additional rent and interest to be paid by Tenant under this Lease, Tenant shall pay any

such deficiency to Landlord and such deficiency shall be calculated and collected by Landlord

monthly. No such re-entry or taking possession of said Premises shall be construed as an election

on Landlord's part to terminate this Lease unless a written notice of such intention is given to

Tenant. Notwithstanding any such reletting without termination, Landlord may at any time

terminate this Lease by reason of any default, in addition to any other remedy it may have, it may

recover from Tenant the worth at the time of such termination of the excess of the amount of rent

and additional rent reserved in this Lease for the balance of the Term over the then reasonable

rental value of the Premises for the same period. Landlord shall have the right and remedy to seek

redress in the courts at any time to correct or remedy any default of Tenant by injunction or

otherwise, without such resulting or being deemed a termination of this Lease, and Landlord,

whether this Lease has been or is terminated or not, shall have the absolute right by court action or

otherwise to collect any and all amounts of unpaid rent or unpaid additional rent or any other sums

due from Tenant to Landlord under this Lease which were or are unpaid at the date of termination.

If it is necessary for Landlord to bring any action under this Lease, to consult with an attorney

concerning or for the enforcement of any of Landlord's rights, then Tenant agrees in each and any

such case to pay to Landlord, Landlord's reasonable attorney's fees. In addition to the remedies set

forth herein, Tenant shall pay a late charge in the amount of

% of any payment due

hereunder which remains unpaid on the tenth day after same is otherwise due hereunder. Said late

charge shall be deemed additional rent, and the assessment or collection of same shall not limit or

delay Landlord's pursuit of any remedy arising hereunder upon Tenant's default.

27.

WAIVER. The rights and remedies of Landlord under this Lease, as well as those

provided by law, shall be cumulative, and none shall be exclusive of any other rights or remedies.

A waiver by Landlord of any breach or default of Tenant shall not be deemed or construed to be a

continuing waiver of such breach or default nor as a waiver of or permission, expressed or implied,

for any subsequent breach or default. It is agreed that the acceptance by Landlord of any

installment of rent subsequent to the date the same should have been paid shall not alter the

covenant and obligation of Tenant to pay subsequent installments of rent promptly upon the due

date. Receipt by Landlord of partial payment after Tenant's default shall not be construed to be or

constitute a cure of any such default. No receipt of money by Landlord before or after the

termination of this Lease shall in any way reinstate, continue or extend the term above demised.

28.

TOXIC OR HAZARDOUS MATERIALS. Tenant shall not store, use or dispose of any

toxic or hazardous materials in, on or about the Premises without the prior written consent of

Landlord. Tenant, at its sole cost, shall comply with all laws relating to Tenant's storage, use and

disposal of hazardous or toxic materials. Tenant shall be solely responsible for and shall defend,

indemnify and hold Landlord, its agents and employees, harmless from and against all claims, costs

and liabilities, including attorney's fees and costs, arising out of or in connection with the Tenant

storage, use or disposal of any toxic or hazardous material in, on or about the Premises including,

but not limited to, removal, clean-up and restoration work and materials necessary to return the

Premises, and any other property of whatever nature located on the Premises, to their condition

existing prior to the appearance of toxic or hazardous materials on the Premises. Tenant's

obligations under this paragraph shall survive the termination of this Lease.

Commercial Triple Net Lease 2010

Page 7 of 9

Commercial Lease Contract - Triple Net Page 7

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