|
<br />Agreement, Lessee shall have the right to sublet the Premises or to
<br />assign interests in this Agreement, or both, subject only to the written
<br />consent of Lessor, which consent shall not be unreasonably withheld.
<br />
<br />E. As security for the performance by Lessee of all duties and obligations
<br />under the Agreement, Lessee assigns to Lessor the right, power, and
<br />authority, during the continuance of this Agreement, to collect the rents,
<br />issues, and profits of the Premises, reserving to Lessee the right, prior to
<br />any breach or default by Lessee under this Agreement, to collect and
<br />retain the rents, (solely in the case of a sublease previously approved by
<br />Lessor) issues, and profits, from the operation of Lessee's approved
<br />business use, as they become due and payable, and so long as
<br />payments to Lessor are also kept current.
<br />
<br />F. Upon any breach or default, Lessor shall have the right at any time
<br />afterward, without notice except as provided for previously, either in
<br />person, by agent, or by a receiver to be appointed by a court, enter and
<br />take possession of the Premises and collect rents, issues, and profits,
<br />including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection, including reasonable attorney fees,
<br />upon any secured indebtedness, and in any order as Lessor may
<br />determine.
<br />
<br />G. In the event that Lessor should take any act to maintain or preserve the
<br />Premises on Lessee's behalf, or seek the appointment of a receiver to
<br />protect Lessor's interests under this Agreement, such acts shall not
<br />constitute a termination of Lessee's right of possession unless Lessee
<br />receives written notice from Lessor to regarding Lessor's election to
<br />terminate.
<br />
<br />34. SURRENDER
<br />34.1 Upon the expiration of the Lease Term hereof and the leasehold interest created
<br />hereby and subject to Lessor's lien rights set forth herein, Lessee shall remove
<br />its interior and exterior signs and all of its movable trade fixtures, equipment, and
<br />personal property from the Leased Premises and fully repair and/or restore all
<br />damage thereto resulting from such removal, and Lessee shall thereupon
<br />surrender the Leased Premises in the same condition as they were on the date
<br />on which Lessor delivered possession of the Leased Premises to Lessee,
<br />reasonable wear and tear excepted, unless the Lessor and Lessee agree to
<br />allow the Lessor to retain the improvement. All property of any kind not removed
<br />from the Leased Premises shall be deemed abandoned by Lessee. If the
<br />Leased Premises are not surrendered at the end of the Lease Term, Lessee
<br />shall indemnify, defend, protect and hold harmless Lessor against any claims,
<br />demands, loss, costs and expenses, including, but not limited to, attorneys' fees,
<br />or liability resulting from delay by Lessee in surrendering the Leased Premises
<br />including but not limited to any loss arising from any claim made by any
<br />succeeding lessee founded on such delay.
<br />
<br />Except as provided herein, no act or conduct of the Lessor, whether consisting of
<br />the acceptance of the keys to the Leased Premises, or otherwise, shall be
<br />deemed to be or constitute an acceptance of the surrender of the Leased
<br />
<br />ATTY/AGR/2009.024
<br />061609
<br />
<br />~n~iaIS
<br />
<br />Page 23
<br />
|