Agmt08 Lulus - Laserfiche WebLink

Browse Search

C. Efforts that Lessor may make to mitigate the damages caused by Lessee's breach of this Agreement shall not constitute a waiver of Lessor's right to recover damages against Lessee, nor shall anything contained in this Agreement affect Lessor's right to indemnification against Lessee for any liability arising prior to the termination of this Agreement for personal injuries or property damage. D. The Lessor has the remedy described in California Civil Code Section 1951.4 (Lessor may continue lease in effect after Lessee's breach and abandonment and recover rent as it becomes due, if Lessee has right to sublet or assign, subject only to reasonable limitations). The breach of this Agreement by Lessee and abandonment of the Premises by Lessee, shall not constitute a termination of this Agreement, nor of Lessee's right of possession under this Agreement, unless and until Lessor elects to do so, and until that time Lessor shall have the right to recover rent and all other payments to be made by Lessee under this Agreement as they become due; provided, that until Lessor elects to terminate this Agreement and Lessee's right of possession under this Agreement, Lessee shall have the right to sublet the Premises or to assign interests in this Agreement, or both, subject only to the written consent of Lessor, which consent shall not be unreasonably withheld. E. As security for the performance by Lessee of all duties and obligations under the Agreement, Lessee assigns to Lessor the right, power, and authority, during the continuance of this Agreement, to collect the rents, issues, and profits of the Premises, reserving to Lessee the right, prior to any breach or default by Lessee under this Agreement, to collect and retain the rents, (solely in the case of a sublease previously approved by Lessor) issues, and profits, from the operation of Lessee's approved business use, as they become due and payable, and so long as payments to Lessor are also kept current. F. Upon any breach or default, Lessor shall have the right at any time afterward, without notice except as provided for previously, either In person, by agent, or by a receiver to be appointed by a court, enter and take possession of the Premises and collect rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney fees, upon any secured indebtedness, and in any order as Lessor may determine. G. In the event that Lessor should take any act to maintain or preserve the Premises on Lessee's behalf, or seek the appointment of a receiver to protect Lessor's interests under this Agreement, such acts shall not constitute a termination of Lessee's right of possession unless Lessee receives written notice from Lessor to regarding Lessor's election to terminate. 35. SURRENDER 35.1 Upon the expiration of the Lease Term hereof and the leasehold Interest created Atty/Agr/2008.033 050508 21