Common use of County’s Remedies Clause in Contracts

County’s Remedies. ‌ a. The remedies set forth in this section shall be in addition to all other remedies that County may have in the event of breach of this Lease by Lessee, and nothing herein contained shall be construed to limit County's right to pursue the same, whether in law or in equity. b. Pursuant to Section 1951.2 of the California Civil Code: (1) In the event that Lessee breaches this Lease and abandons the property before the end of the Term hereof, or if Lessee's right to possession is terminated by County because of a breach of this Lease, this Lease terminates. Upon such termination, the County may recover from Lessee: (a) the worth at the time of award of the unpaid Rent that had been earned at the time of termination; (b) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Lessee proves could have been reasonably avoided; (c) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term hereof after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided; and (d) any other amount necessary to compensate County for all the detriment proximately caused by Lessee's failure to perform its obligations under this Lease, or which in the ordinary course of things would be likely to result therefrom. (2) The "worth at the time of award" of the amounts referred to in Subsections b(1)(a) and (b) of this section is computed by allowing interest at the rate of 10%. The "worth at the time of award" of the amount referred to in Subsection b(1)(c) of this section is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1 percent. (3) Damages which County may recover pursuant to Subsection b(1)(c) of this section include the "worth at the time of award" of the amount by which the unpaid Rent for the balance of the Term hereof exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided; or County may recover damages pursuant to Subsection b(1)(c) of this section in the event that County relets the Premises prior to the time of award and proves that in reletting the property it acted reasonably and in a good-faith effort to mitigate the damages. (4) Efforts by County to mitigate the damages caused by Lessee's breach of this Lease do not waive County's right to recover damages pursuant to said Section 1951.2 and this section. (5) Nothing in this section affects the right of County under this Lease to indemnification for liability arising prior to the termination of this Lease for personal injuries or property damage, as herein provided. c. Notwithstanding the foregoing, in the event of Lessee's breach of this Lease Agreement and abandonment of the Premises, pursuant to Section 1951.4 of the California Civil Code, County may, at its sole option, elect to continue this Lease and enforce all its rights and remedies hereunder against Lessee, including the right to recover the Rent as it becomes due. d. The Director shall have the authority to initiate litigation on behalf of County to enforce the terms of this Lease Agreement and regain lawful possession in accordance with the remedies stated herein.

County’s Remedies. ‌ a. The remedies set forth in this section shall be in addition to all other remedies that County may have in the event of breach of this Lease by Lessee, and nothing herein contained shall be construed to limit County's right to pursue the same, whether in law or in equity. b. Pursuant to Section 1951.2 of the California Civil Code: (1) A. In the event that Lessee Concessionaire breaches this Lease Agreement and abandons the property Leased Premises before the end of the Term hereof, or if Lessee's Concessionaire’s right to possession is terminated by County because of a breach of this LeaseAgreement, this Lease Agreement terminates. Upon such termination, the County may recover from LesseeConcessionaire: (a) the worth at the time of award 1. Any and all of the unpaid Rent that which had been earned at the time of termination; (b) the worth at the time of award of the 2. The amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental Rent loss that Lessee Concessionaire proves could have been reasonably avoided; (c) the worth at the time of award of the 3. The amount by which the unpaid Rent for the balance of the Term hereof after the time of award exceeds the amount of such rental Rent loss that Lessee Concessionaire proves could reasonably be reasonably avoided; and (d) any 4. Any other amount necessary to compensate the County for all the detriment proximately caused by Lessee's Concessionaire’s failure to perform its obligations under this LeaseAgreement, or which in the ordinary course of things would be likely to result therefrom. (2) B. The "worth at the time of award" of the amounts referred to in Subsections b(1)(a) A. 1. and (b) of this section is A. 2. are computed by allowing interest at the rate of 10eighteen percent (18%). The "worth at the time of award" of the amount referred to in Subsection b(1)(c) of this section A. 3. is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1 percentone percent (1%). (3) C. Damages which County may recover pursuant to Subsection b(1)(c) A. 3. of this section Section include the "“worth at the time of award" ” of the amount by which the unpaid Rent for the balance of the Term hereof exceeds the amount of such rental Rent loss for the same period that Lessee Concessionaire proves could be reasonably avoided; or County may recover damages pursuant to Subsection b(1)(c) A. 3. of this section Section in the event that County relets re-lets the Leased Premises prior to the time of award and proves that in reletting re-letting the property it acted reasonably and in a good-faith effort to mitigate the damages. (4) D. Efforts by County to mitigate the damages caused by Lessee's Concessionaire’s breach of this Lease Agreement do not waive County's ’s right to recover damages pursuant to said Section 1951.2 and this sectionSection. (5) E. Nothing in this section Section affects the right of County under this Lease Agreement to indemnification for liability arising prior to the termination of this Lease Agreement for personal injuries or property damage, as herein provided. c. . Notwithstanding the foregoing, in the event of Lessee's Concessionaire’s breach of this Lease Agreement and abandonment of the Leased Premises, pursuant to Section 1951.4 of the California Civil Code, County may, at its sole option, elect to continue this Lease Agreement and enforce all its rights and remedies hereunder herein against LesseeConcessionaire, including the right to recover the Rent as it becomes due. d. The Director shall have the authority to initiate litigation on behalf of County to enforce the terms of this Lease Agreement and regain lawful possession in accordance with the remedies stated herein.

County’s Remedies. ‌ a. The remedies set forth in this section shall be in addition to all other remedies that County may have in the event of breach of this Lease by Lessee, and nothing herein contained shall be construed to limit County's right to pursue the same, whether in law or in equity. b. . Pursuant to Section 1951.2 of the California Civil Code: (1) : In the event that Lessee breaches this Lease and abandons the property before the end of the Term hereof, or if Lessee's right to possession is terminated by County because of a breach of this Lease, this Lease terminates. Upon such termination, the County may recover from Lessee: (a) : the worth at the time of award of the unpaid Rent that had been earned at the time of termination; (b) ; the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Lessee proves could have been reasonably avoided; (c) ; the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term hereof after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided; and (d) and any other amount necessary to compensate County for all the detriment proximately caused by Lessee's failure to perform its obligations under this Lease, or which in the ordinary course of things would be likely to result therefrom. (2) . The "worth at the time of award" of the amounts referred to in Subsections b(1)(a) and (b) of this section is computed by allowing interest at the rate of 10%. The "worth at the time of award" of the amount referred to in Subsection b(1)(c) of this section is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1 percent. (3) . Damages which County may recover pursuant to Subsection b(1)(c) of this section include the "worth at the time of award" of the amount by which the unpaid Rent for the balance of the Term hereof exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided; or County may recover damages pursuant to Subsection b(1)(c) of this section in the event that County relets the Premises prior to the time of award and proves that in reletting the property it acted reasonably and in a good-faith effort to mitigate the damages. (4) . Efforts by County to mitigate the damages caused by Lessee's breach of this Lease do not waive County's right to recover damages pursuant to said Section 1951.2 and this section. (5) . Nothing in this section affects the right of County under this Lease to indemnification for liability arising prior to the termination of this Lease for personal injuries or property damage, as herein provided. c. . Notwithstanding the foregoing, in the event of Lessee's breach of this Lease Agreement and abandonment of the Premises, pursuant to Section 1951.4 of the California Civil Code, County may, at its sole option, elect to continue this Lease and enforce all its rights and remedies hereunder against Lessee, including the right to recover the Rent as it becomes due. d. . The Director shall have the authority to initiate litigation on behalf of County to enforce the terms of this Lease Agreement and regain lawful possession in accordance with the remedies stated herein. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

County’s Remedies. ‌ a. The remedies set forth in this section shall be in addition to all other remedies that County may have in the event of breach of this Lease by Lessee, and nothing herein contained shall be construed to limit County's right to pursue the same, whether in law or in equity. b. Pursuant to Section 1951.2 of the California Civil Code: (1) a. In the event that Lessee Concessionaire breaches this Lease Agreement and abandons the property Assigned Premises before the end of the Term term hereof, or if Lessee's Concessionaire’s right to possession is terminated by County because of a breach of this LeaseAgreement, this Lease Agreement terminates. Upon such termination, the County may recover from LesseeConcessionaire: (a) the worth at the time of award 1. Any and all of the unpaid Rent that rent which had been earned at the time of termination; (b) the worth at the time 2. The amount of award of the amount by which the unpaid Rent rent which would have been earned after termination until the time of award exceeds the amount of such rental rent loss that Lessee Concessionaire proves could have been reasonably avoided; (c) the worth at the time of award of the 3. The amount by which the unpaid Rent rent for the balance of the Term term hereof after the time of award exceeds the amount of such rental rent loss that Lessee Concessionaire proves could reasonably be reasonably avoided; and (d) any 4. Any other amount necessary to compensate the County for all the detriment proximately approximately caused by Lessee's Concessionaire’s failure to perform its obligations under this LeaseAgreement, or which in the ordinary course of things would be likely to result therefrom. (2) b. The "worth at the time of award" of the amounts referred to in Subsections b(1)(a) A. 1 and (b) of this section is 2 are computed by allowing interest at the rate of 10eighteen percent (18%). The "worth at the time of award" of the amount referred to in Subsection b(1)(c) of this section A. 3 is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1 percentone percent (1%). (3) c. Damages which County may recover pursuant to Subsection b(1)(c) A. 1 of this section Section include the "“worth at the time of award" ” of the amount by which the unpaid Rent rent for the balance of the Term term hereof exceeds the amount of such rental rent loss for the same period that Lessee Concessionaire proves could be reasonably avoided; or County may recover damages pursuant to Subsection b(1)(c) A. 1 of this section Section in the event that County relets re-lets the Assigned Premises prior to the time of award and proves that in reletting re-letting the property it acted reasonably and in a good-faith effort to mitigate the damages. (4) d. Efforts by County to mitigate the damages caused by Lessee's Concessionaire’s breach of this Lease Agreement do not waive County's ’s right to recover damages pursuant to said Section 1951.2 and this sectionSection. (5) e. Nothing in this section Section affects the right of County under this Lease Agreement to indemnification for liability arising prior to the termination of this Lease Agreement for personal injuries or property damage, as herein provided. c. . Notwithstanding the foregoing, in the event of Lessee's Concessionaire’s breach of this Lease Agreement and abandonment of the Assigned Premises, pursuant to Section 1951.4 of the California Civil Code, County may, at its sole option, elect to continue this Lease Agreement and enforce all its rights and remedies hereunder herein against LesseeConcessionaire, including the right to recover the Rent rent as it becomes due. d. The Director shall have the authority to initiate litigation on behalf of County to enforce the terms of this Lease Agreement and regain lawful possession in accordance with the remedies stated herein.