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perfomance, togcthcr with interest and selvice tbes for any past due amounts (as provided <br />in Sectiop 3.2) an<i an administrative chargc eclual to twelve percent (12%) of the cost <br />incurred by Lessor which thc parties agrcc is a rcasonable cstintate of and liquidated <br />damages lcrr Lessor's overhead expenses associated with suclt perfonnance; (ii) tenninate <br />Lessee's rights undel this Lease upon dclivering a written noticc of tennination; and (iii) <br />rc-enter and take possession of the Premises by any lawlul rleatls with or without <br />terminating this Leasc. Lessee shall pay all costs and damagcs arising out of Lessee's <br />default, including, but not limited to, thc cost of recovcring posscssion of the Premises. the <br />cost ol'improving antl reletting the Premises, including, but not limited to, any real estate <br />brokcr feei or rnarketing costs, and attorneys' fees and costs rcgardless of whether fonnal <br />action is conrmenceil or concluded. No action by Lessor or Lessor's Associates shall be <br />cgnstruecl as an eleetion by Lessor to terminate this Lease or accept any sunender of the <br />Prcntiscs unless Lessor provides Lessee with a rvritten notice expressly stating that Lessor <br />has terminatecl this Lease oraccepted a surrenderof the Premises. Following a default by <br />Lcssee under this Lease, Lessor shall exercise commercially reasonable, good faith effbrts <br />to rnitigate its darnages as required by applicable law' <br />12.3 Default by Lessor. Lessor shall not be in default under this Lease unless Lessor <br />fails to perform an obligation required of Lessor under this Lease within thirty (30) days <br />after wiitten notice by Lessee to Lessor. lf the nature of Lessor's obligation is such tliat <br />more tftan thirty (30) days are reasonably required for performance or cure, Lessor shall <br />not be in defauft il Lessor commences performance within such thirty (30) day period and <br />thcrcafter diligently prosecutes the same to completion. <br />12,4 Survival. The provisions of this Section 12 and the remedies and rights provided <br />in Section 7 shall survive any expiration or termination of this Lease. <br />12.5 Holding Over. If Lessee remains in possession of the Premises and Improvements <br />after any expiration or tennination of this Lease, it shall be deemed that the Lessee has <br />entered intoiuch occupancy without the permission of Lessor. Such occupancy shall not <br />waive any default under this Lease and Lessor may terminate such occupancy as a tenancy <br />at sufferance. During such occupancy, Lessee shall comply with all provisions of this Lease <br />along with those that are applicable to a tenancy at sufferance, and reasonable rent for the <br />Premises shall be deemed to bc the highest rate then charged at the Airport for ground rent <br />plus rent for the Improvements at its then fhir market value based on Lessor's survey of <br />ient for sirnilarly situated facilities at the Airport and at other similar, tertiary airporrs in <br />the Western United States, which Lessor shall determine in its reasonable discretion. <br />General Provisions. <br />l3.t No Exclusive Rights. Nothing in this Lease shall be construed to grant to Lessee <br />any exclusive right or privilege for the conduct of any activity on the Airport, except to <br />leasc thc Premises for Lessee's exclusive use as provided herein' <br />l3..2 Lcasc Preserves Authority's Compliance. This Lease shall be interpreted to <br />preserve Lessor's rights and powers to comply with Lessor's Federal and other <br />governmental obligations. <br />13. <br />LESSEE Orn l8