Common use of Enforcement of Payments Without Termination Clause in Contracts

Enforcement of Payments Without Termination. If the Corporation does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) of this Section, the City agrees to and shall remain liable for the payment of all Lease Payments and other amounts payable hereunder, and the performance of all conditions herein contained, and shall reimburse the Corporation for any deficiency arising out of the re-leasing of the Site and Facilities; or, if the Corporation is unable to re-lease the Site and Facilities, then for the full amount of all Lease Payments and such other amounts to the end of the Term of this Lease, but the Lease Payments and such other amounts and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of the Lease Payments and such other amounts hereunder, notwithstanding such entry or re-entry by the Corporation or any suit in unlawful detainer, or otherwise, brought by the Corporation for the purpose of effecting such re-entry or obtaining possession of the Site and Facilities or the exercise of any other remedy by the Corporation. The City hereby irrevocably appoints the Corporation as the agent and attorney-in-fact of the City to enter upon and re-lease the Site and Facilities in the event of default by the City in the performance of any covenants herein contained to be performed by the City and to remove all personal property whatsoever situated upon the Site and Facilities, to place such property in storage or other suitable place in the County of Contra Costa for the account of and at the expense of the City, and the City hereby exempts and agrees to save harmless the Corporation from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Site and Facilities and the removal and storage of such property by the Corporation or its duly authorized agents in accordance with the provisions herein contained. The City agrees that the terms of this Lease constitute full and sufficient notice of the right of the Corporation to re-lease the Site and Facilities in the event of such re-entry without effecting a surrender of this Lease, and further agrees that no acts of the Corporation in effecting such re-leasing shall constitute a surrender or termination of this Lease irrespective of the term for which such re-leasing is made or the terms and conditions of such re-leasing, or otherwise, but that, on the contrary, in the event of such default by the City the right to terminate this Lease shall vest in the Corporation to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) of this Section. The City further waives the right to any rental obtained by the Corporation in excess of the Lease Payments and hereby conveys and releases such excess to the Corporation as compensation to the Corporation for its services in re-leasing the Site and Facilities.

Enforcement of Payments Without Termination. If the Corporation Authority does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) of this Sectionhereof, the City agrees to and shall remain liable for the payment of all Lease Payments and other amounts payable hereunder, and the performance of all conditions herein contained, contained and shall reimburse the Corporation Authority for any deficiency arising out of the re-leasing of the Site and Facilities; Leased Property, or, if the Corporation Authority is unable to re-lease the Site and FacilitiesLeased Property, then for the full amount of all Lease Payments and such other amounts to the end of the Term of this Lease, but the said Lease Payments and such other amounts and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of the Lease Payments and such other amounts hereunder, notwithstanding such entry or re-entry by the Corporation Authority or any suit in unlawful detainer, or otherwise, brought by the Corporation Authority for the purpose of effecting such re-entry or obtaining possession of the Site and Facilities Leased Property or the exercise of any other remedy by the CorporationAuthority. The City hereby irrevocably appoints the Corporation Authority as the agent and attorney-in-fact of the City to enter upon and re-lease the Site Leased Property upon the occurrence and Facilities in the event continuation of default by the City in the performance an Event of any covenants herein contained to be performed by the City Default and to remove all personal property whatsoever situated upon the Site and FacilitiesLeased Property, to place such property the Leased Property in storage or other suitable place in the County of Contra Costa Alameda for the account of and at the expense of the City, and the City hereby exempts and agrees to save harmless the Corporation Authority from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Site and Facilities Leased Property and the removal and storage of such property the Leased Property by the Corporation Authority or its duly authorized agents in accordance with the provisions herein contained. The City agrees that the terms of this Lease constitute full and sufficient notice of the right of the Corporation Authority to re-lease the Site and Facilities Leased Property in the event of such re-entry without effecting a surrender of this Lease, and further agrees that no acts of the Corporation Authority in effecting such re-leasing shall constitute a surrender or termination of this Lease irrespective of the term for which such re-leasing is made or the terms and conditions of such re-leasing, or otherwise, but that, on the contrary, in the event of such default by the City the right to terminate this Lease shall vest in the Corporation Authority to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) of this Sectionhereof. The City agrees to surrender and quit possession of the Leased Property upon demand of the Authority for the purpose of enabling the Leased Property to be re-let under this paragraph, and the City further waives the right to any rental obtained by the Corporation Authority in excess of the Lease Payments and hereby conveys and releases such excess to the Corporation Authority as compensation to the Corporation Authority for its services in re-leasing the Site and FacilitiesLeased Property.

Enforcement of Payments Without Termination. If the Corporation Bank does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) of this Sectionhereof, the City District agrees to and shall remain liable for the payment of all Lease Payments and other amounts payable hereunder, and the performance of all conditions herein contained, and the Bank may take whatever action at law or in equity that may appear necessary or desirable to collect each Lease Payment as it becomes due hereunder. The District shall reimburse the Corporation Bank for any deficiency arising out of the re-re leasing of the Site and Facilities; Leased Property, or, if the Corporation Bank is unable to re-re lease or sell the Site and FacilitiesLeased Property, then for the full amount of all Lease Payments and such other amounts to the end of the Term of this Lease, but the said Lease Payments and such other amounts and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of the Lease Payments and such other amounts hereunder, notwithstanding such entry or re-entry by the Corporation Bank or any suit in unlawful detainer, or otherwise, brought by the Corporation Bank for the purpose of effecting such re-entry or obtaining possession of the Site and Facilities Leased Property or the exercise of any other remedy by the CorporationBank. The City District hereby irrevocably appoints the Corporation Bank as the agent and attorney-in-fact of the City District to enter upon and re-re lease the Site Leased Property upon the occurrence and Facilities in the event continuation of default by the City in the performance an Event of any covenants herein contained to be performed by the City Default and to remove all personal property whatsoever situated upon the Site and FacilitiesLeased Property, to place such property in storage or other suitable place located in the County of Contra Costa Xxxxxxxx County, Kansas for the account of and at the expense of the CityDistrict, and the City District hereby exempts and agrees to save harmless the Corporation Bank from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-re leasing of the Site and Facilities Leased Property and the removal and storage of such property by the Corporation Bank or its duly authorized agents in accordance with the provisions herein contained. The City District agrees that the terms of this Lease constitute full and sufficient notice of the right of the Corporation Bank to re-re lease the Site and Facilities Leased Property in the event of such re-re entry without effecting a surrender of this Lease, and further agrees that no acts of the Corporation Bank in effecting such re-re leasing shall constitute a surrender or termination of this Lease irrespective of the term for which such re-re leasing is made or the terms and conditions of such re-re leasing, or otherwise, but that, on the contrary, in the event of such default by the City District the right to terminate this Lease shall vest in the Corporation Bank to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) of this Sectionhereof. The City further waives District agrees to surrender and quit possession of the right Leased Property upon demand of the Bank for the purpose of enabling the Leased Property to be re let under this paragraph, and the District agrees that any rental obtained by the Corporation Bank in excess of the Lease Payments and hereby conveys and releases such excess to the Corporation can be applied as compensation to the Corporation Bank for its services in re-leasing the Site and FacilitiesLeased Property.

Enforcement of Payments Without Termination. If the Corporation Authority does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) of this Sectionhereof, the City agrees to and shall remain liable for the payment of all Lease Payments and other amounts payable hereunder, and the performance of all conditions herein contained, contained and shall reimburse the Corporation Authority for any deficiency arising out of the re-leasing of the Site and Facilities; Leased Property, or, if the Corporation Authority is unable to re-lease the Site and FacilitiesLeased Property, then for the full amount of all Lease Payments and such other amounts to the end of the Term of this Lease, but the said Lease Payments and such other amounts and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of the Lease Payments and such other amounts hereunder, notwithstanding such entry or re-entry by the Corporation Authority or any suit in unlawful detainer, or otherwise, brought by the Corporation Authority for the purpose of effecting such re-entry or obtaining possession of the Site and Facilities Leased Property or the exercise of any other remedy by the CorporationAuthority. The City hereby irrevocably appoints the Corporation Authority as the agent and attorney-in-fact of the City to enter upon and re-lease the Site Leased Property upon the occurrence and Facilities in the event continuation of default by the City in the performance an Event of any covenants herein contained to be performed by the City Default and to remove all personal property whatsoever situated upon the Site and FacilitiesLeased Property, to place such property the Leased Property in storage or other suitable place in the County of Contra Costa Santa Xxxxx for the account of and at the expense of the City, and the City hereby exempts and agrees to save harmless the Corporation Authority from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Site and Facilities Leased Property and the removal and storage of such property the Leased Property by the Corporation Authority or its duly authorized agents in accordance with the provisions herein contained. The City agrees that the terms of this Lease constitute full and sufficient notice of the right of the Corporation Authority to re-lease the Site and Facilities Leased Property in the event of such re-entry without effecting a surrender of this Lease, and further agrees that no acts of the Corporation Authority in effecting such re-leasing shall constitute a surrender or termination of this Lease irrespective of the term for which such re-leasing is made or the terms and conditions of such re-leasing, or otherwise, but that, on the contrary, in the event of such default by the City the right to terminate this Lease shall vest in the Corporation Authority to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) of this Sectionhereof. The City agrees to surrender and quit possession of the Leased Property upon demand of the Authority for the purpose of enabling the Leased Property to be re-let under this paragraph, and the City further waives the right to any rental obtained by the Corporation Authority in excess of the Lease Payments and hereby conveys and releases such excess to the Corporation Authority as compensation to the Corporation Authority for its services in re-leasing the Site and FacilitiesLeased Property.

Enforcement of Payments Without Termination. If the Corporation does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) of this Sectionhereof, the City District agrees to and shall remain liable for the payment of all Lease Payments and other amounts payable hereunder, and the performance of all conditions herein contained, and the Corporation may take whatever action at law or in equity may appear necessary or desirable, to collect each Lease Payment as it becomes due under this Lease, as applicable. The District shall reimburse the Corporation for any deficiency arising out of the re-leasing of the Site and Facilities; Leased Property, or, if the Corporation is unable to re-lease the Site and FacilitiesLeased Property, then for the full amount of all Lease Payments and such other amounts to the end of the Term of this Lease, but the said Lease Payments and such other amounts and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of the Lease Payments and such other amounts hereunder, notwithstanding such entry or re-entry by the Corporation or any suit in unlawful detainer, or otherwise, brought by the Corporation for the purpose of effecting such re-entry or obtaining possession of the Site and Facilities Leased Property or the exercise of any other remedy by the Corporation. The City District hereby irrevocably appoints the Corporation as the agent and attorney-in-fact of the City District to enter upon and re-lease the Site Leased Property upon the occurrence and Facilities in the event continuation of default by the City in the performance an Event of any covenants herein contained to be performed by the City Default and to remove all personal property whatsoever situated upon the Site and FacilitiesLeased Property, to place such property in storage or other suitable place in the County of Contra Costa Alameda for the account of and at the expense of the CityDistrict, and the City District hereby exempts and agrees to save harmless the Corporation from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Site and Facilities Leased Property and the removal and storage of such property by the Corporation or its duly authorized agents in accordance with the provisions herein contained. The City District agrees that the terms of this Lease constitute full and sufficient notice of the right of the Corporation to re-lease the Site and Facilities Leased Property in the event of such re-re- entry without effecting a surrender of this Lease, and further agrees that no acts of the Corporation in effecting such re-leasing shall constitute a surrender or termination of this Lease irrespective of the term for which such re-leasing is made or the terms and conditions of such re-leasing, or otherwise, but that, on the contrary, in the event of such default by the City District the right to terminate this Lease shall vest in the Corporation to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) of this Sectionhereof. The City District agrees to surrender and quit possession of the Leased Property upon demand of the Corporation for the purpose of enabling the Leased Property to be re-let under this paragraph, and the District further waives the right to any rental obtained by the Corporation in excess of the Lease Payments and hereby conveys and releases such excess to the Corporation as compensation to the Corporation for its services in re-leasing the Site and FacilitiesLeased Property.

Enforcement of Payments Without Termination. If In the event the Corporation does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) of this Section, the City County agrees to and shall remain liable for the payment of all Lease Payments and other amounts payable hereunder, and the performance of all conditions herein contained, and shall reimburse the Corporation for any deficiency arising out of the re-leasing of the Site and FacilitiesLeased Property; or, if in the event the Corporation is unable to re-lease the Site and FacilitiesLeased Property, then for the full amount of all Lease Payments and such other amounts to the end of the Term of this Lease, but the Lease Payments and such other amounts and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of the Lease Payments and such other amounts hereunder, notwithstanding such entry or re-re- entry by the Corporation or any suit in unlawful detainer, or otherwise, brought by the Corporation for the purpose of effecting such re-entry or obtaining possession of the Site and Facilities Leased Property or the exercise of any other remedy by the Corporation. The City County hereby irrevocably appoints the Corporation as the agent and attorney-in-fact of the City County to enter upon and re-lease the Site and Facilities Leased Property in the event of default by the City County in the performance of any covenants herein contained to be performed by the City County and to remove all personal property whatsoever situated upon the Site and Facilities, Leased Property to place such property in storage or other suitable place in the County of Contra Costa for the account of and at the expense of the CityCounty, and the City County hereby exempts and agrees to save harmless the Corporation from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Site and Facilities Leased Property and the removal and storage of such property by the Corporation or its duly authorized agents in accordance with the provisions herein contained. The City County agrees that the terms of this Lease constitute full and sufficient notice of the right of the Corporation to re-lease the Site and Facilities Leased Property in the event of such re-entry without effecting a surrender of this Lease, and further agrees that no acts of the Corporation in effecting such re-leasing shall constitute a surrender or termination of this Lease irrespective of the term for which such re-leasing is made or the terms and conditions of such re-leasing, or otherwise, but that, on the contrary, in the event of such default by the City County the right to terminate this Lease shall vest in the Corporation to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) of this Section. The City County further waives the right to any rental obtained by the Corporation in excess of the Lease Payments and hereby conveys and releases such excess to the Corporation as compensation to the Corporation for its services in re-leasing the Site and FacilitiesLeased Property.

Enforcement of Payments Without Termination. If the Corporation Authority does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) of this Sectionhereof, the City agrees to and shall remain liable for the payment of all Lease Payments and other amounts payable hereunder, and the performance of all conditions herein contained, and the Authority may take whatever action at law or in equity that may appear necessary or desirable to collect each Lease Payment as it becomes due hereunder. The City shall reimburse the Corporation Authority for any deficiency arising out of the re-leasing or sale of the Site and Facilities; Leased Property, or, if the Corporation Authority is unable to re-lease or sell the Site and FacilitiesLeased Property, then for the full amount of all Lease Payments and such other amounts to the end of the Term of this Lease, but the said Lease Payments and such other amounts and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of the Lease Payments and such other amounts hereunder, notwithstanding such entry or re-entry by the Corporation Authority or any suit in unlawful detainer, or otherwise, brought by the Corporation Authority for the purpose of effecting such re-entry or obtaining possession of the Site and Facilities Leased Property or the exercise of any other remedy by the CorporationAuthority. The City hereby irrevocably appoints the Corporation Authority as the agent and attorney-in-fact of the City to enter upon and re-lease the Site Leased Property upon the occurrence and Facilities in the event continuation of default by the City in the performance an Event of any covenants herein contained to be performed by the City Default and to remove all personal property whatsoever situated upon the Site and FacilitiesLeased Property, to place such property in storage or other suitable place located in the County of Contra Costa Orange County, California for the account of and at the expense of the City, and the City hereby exempts and agrees to save harmless the Corporation Authority from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Site and Facilities Leased Property and the removal and storage of such property by the Corporation Authority or its duly authorized agents in accordance with the provisions herein contained. The City agrees that the terms of this Lease constitute full and sufficient notice of the right of the Corporation Authority to re-lease the Site and Facilities Leased Property in the event of such re-entry without effecting a surrender of this Lease, and further agrees that no acts of the Corporation Authority in effecting such re-leasing shall constitute a surrender or termination of this Lease irrespective of the term for which such re-re- leasing is made or the terms and conditions of such re-leasing, or otherwise, but that, on the contrary, in the event of such default by the City the right to terminate this Lease shall vest in the Corporation Authority to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) of this Sectionhereof. The City agrees to surrender and quit possession of the Leased Property upon demand of the Authority for the purpose of enabling the Leased Property to be re-let under this paragraph, and the City further waives the right to any rental obtained by the Corporation Authority in excess of the Lease Payments and hereby conveys and releases such excess to the Corporation Authority as compensation to the Corporation Authority for its services in re-leasing the Site and FacilitiesLeased Property.

Enforcement of Payments Without Termination. If the Corporation does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) of this Section, the City District agrees to and shall remain liable for the payment of all Lease Payments and other amounts payable hereunder, and the performance of all conditions herein contained, and shall reimburse the Corporation for any deficiency arising out of the re-leasing of the Site and Facilities; or, if the Corporation is unable to re-lease the Site and Facilities, then for the full amount of all Lease Payments and such other amounts to the end of the Term of this Lease, but the Lease Payments and such other amounts and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of the Lease Payments and such other amounts hereunder, notwithstanding such entry or re-entry by the Corporation or any suit in unlawful detainer, or otherwise, brought by the Corporation for the purpose of effecting such re-entry or obtaining possession of the Site and Facilities or the exercise of any other remedy by the Corporation. The City District hereby irrevocably appoints the Corporation as the agent and attorney-in-fact of the City District to enter upon and re-lease the Site and Facilities in the event of default by the City District in the performance of any covenants herein contained to be performed by the City District and to remove all personal property whatsoever situated upon the Site and Facilities, to place such property in storage or other suitable place in the County of Contra Costa Sacramento for the account of and at the expense of the CityDistrict, and the City District hereby exempts and agrees to save harmless the Corporation from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-re- leasing of the Site and Facilities and the removal and storage of such property by the Corporation or its duly authorized agents in accordance with the provisions herein contained. The City District agrees that the terms of this Lease constitute full and sufficient notice of the right of the Corporation to re-lease the Site and Facilities in the event of such re-entry without effecting a surrender of this Lease, and further agrees that no acts of the Corporation in effecting such re-leasing shall constitute a surrender or termination of this Lease irrespective of the term for which such re-re- leasing is made or the terms and conditions of such re-leasing, or otherwise, but that, on the contrary, in the event of such default by the City District the right to terminate this Lease shall vest in the Corporation to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) of this Section. The City District further waives the right to any rental obtained by the Corporation in excess of the Lease Payments and hereby conveys and releases such excess to the Corporation as compensation to the Corporation for its services in re-leasing the Site and Facilities.

Enforcement of Payments Without Termination. If the Corporation Authority does not elect to terminate this Lease Agreement in the manner hereinafter provided for in subparagraph (b) of this Sectionhereof, the City agrees to and shall remain liable for the payment of all Lease Payments and other amounts payable hereunder, and the performance of all conditions herein contained, contained and shall reimburse the Corporation Authority for any deficiency arising out of the re-leasing of the Site and Facilities; Property, or, if the Corporation Authority is unable to re-lease the Site and FacilitiesProperty, then for the full amount of all Lease Payments and such other amounts to the end of the Term of this LeaseLease Agreement, but the said Lease Payments and such other amounts and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of the Lease Payments and such other amounts hereunder, notwithstanding such entry or re-entry by the Corporation Authority or any suit in unlawful detainer, or otherwise, brought by the Corporation Authority for the purpose of effecting such re-entry or obtaining possession of the Site and Facilities Property or the exercise of any other remedy by the CorporationAuthority. The City hereby irrevocably appoints the Corporation Authority as the agent and attorney-in-fact of the City to enter upon and re-lease the Site Property upon the occurrence and Facilities in the event continuation of default by the City in the performance an Event of any covenants herein contained to be performed by the City Default and to remove all personal property whatsoever situated upon the Site and FacilitiesProperty, to place such property in storage or other suitable place in the San Bernardino County of Contra Costa for the account of and at the expense of the City, and the City hereby exempts and agrees to save harmless the Corporation Authority from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Site and Facilities Property and the removal and storage of such property by the Corporation Authority or its duly authorized agents in accordance with the provisions herein contained. The City agrees that the terms of this Lease Agreement constitute full and sufficient notice of the right of the Corporation Authority to re-re- lease the Site and Facilities Property in the event of such re-entry without effecting a surrender of this LeaseLease Agreement, and further agrees that no acts of the Corporation Authority in effecting such re-leasing shall constitute a surrender or termination of this Lease Agreement irrespective of the term for which such re-leasing is made or the terms and conditions of such re-leasing, or otherwise, but that, on the contrary, in the event of such default by the City the right to terminate this Lease Agreement shall vest in the Corporation Authority to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) of this Sectionhereof. The City further waives agrees to surrender and quit possession of the right Property upon demand of the Authority for the purpose of enabling the Property to any be re-let under this paragraph. Any rental obtained by the Corporation Authority in excess of the sum of Lease Payments plus costs and hereby conveys and releases such excess to expenses incurred by the Corporation as compensation to the Corporation Authority for its services in re-leasing the Site and FacilitiesProperty shall be paid to the City.

Enforcement of Payments Without Termination. If the Corporation does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph subsection (b) of this Section, the City District agrees to and shall remain liable for the payment of all Lease Payments and other amounts payable hereunder, and the performance of all conditions herein contained, contained and shall reimburse the Corporation for any deficiency arising out of the re-leasing of the Site and Facilities; Leased Property, or, if the Corporation is unable to re-lease the Site and FacilitiesLeased Property, then for the full amount of all Lease Payments and such other amounts to the end of the Term of this Lease, but the said Lease Payments and such other amounts and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of the Lease Payments and such other amounts hereunder, notwithstanding such entry or re-entry by the Corporation or any suit in unlawful detainer, or otherwise, brought by the Corporation for the purpose of effecting such re-entry or obtaining possession of the Site and Facilities Leased Property or the exercise of any other remedy by the Corporation. The City District hereby irrevocably appoints the Corporation as the agent and attorney-in-fact of the City District to enter upon and re-lease the Site Leased Property upon the occurrence and Facilities in the event continuation of default by the City in the performance an Event of any covenants herein contained to be performed by the City Default and to remove all personal property whatsoever situated upon the Site and FacilitiesLeased Property, to place such property in storage or other suitable place in the County of Contra Costa for the account of and at the expense of the CityDistrict, and the City District hereby exempts and agrees to save harmless the Corporation from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Site and Facilities Leased Property and the removal and storage of such property by the Corporation or its duly authorized agents in accordance with the provisions herein contained. The City District agrees that the terms of this Lease constitute full and sufficient notice of the right of the Corporation to re-lease the Site and Facilities Leased Property in the event of such re-entry without effecting a surrender of this Lease, and further agrees that no acts of the Corporation in effecting such re-leasing shall constitute a surrender or termination of this Lease irrespective of the term for which such re-leasing is made or the terms and conditions of such re-leasing, or otherwise, but that, on the contrary, in the event of such default by the City District the right to terminate this Lease shall vest in the Corporation to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) of this Section. The City further waives the right to any rental obtained by the Corporation in excess of the Lease Payments and hereby conveys and releases such excess to the Corporation as compensation to the Corporation for its services in re-leasing the Site and Facilities.subsection

Enforcement of Payments Without Termination. If the Corporation does not elect to terminate this Lease Agreement in the manner hereinafter provided for in subparagraph (b) of this Sectionhereof, the City District agrees to and shall remain liable for the payment of all Lease Payments and other amounts payable hereunder, and the performance of all conditions herein contained, contained and shall reimburse the Corporation for any deficiency arising out of the re-leasing of the Site and Facilities; Property, or, if the Corporation is unable to re-re- lease the Site and FacilitiesProperty, then for the full amount of all Lease Payments and such other amounts to the end of the Term of this LeaseLease Agreement, but the said Lease Payments and such other amounts and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of the Lease Payments and such other amounts hereunder, notwithstanding such entry or re-entry by the Corporation or any suit in unlawful detainer, or otherwise, brought by the Corporation for the purpose of effecting such re-entry or obtaining possession of the Site and Facilities Property or the exercise of any other remedy by the Corporation. The City District hereby irrevocably appoints the Corporation as the agent and attorney-in-fact of the City District to enter upon and re-lease the Site Property upon the occurrence and Facilities in the event continuation of default by the City in the performance an Event of any covenants herein contained to be performed by the City Default and to remove all personal property whatsoever situated upon the Site and FacilitiesProperty, to place such property in storage or other suitable place in the El Dorado County of Contra Costa for the account of and at the expense of the CityDistrict, and the City District hereby exempts and agrees to save harmless the Corporation from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Site and Facilities Property and the removal and storage of such property by the Corporation or its duly authorized agents in accordance with the provisions herein contained. The City District agrees that the terms of this Lease Agreement constitute full and sufficient notice of the right of the Corporation to re-lease the Site and Facilities Property in the event of such re-entry without effecting a surrender of this LeaseLease Agreement, and further agrees that no acts of the Corporation in effecting such re-leasing shall constitute a surrender or termination of this Lease Agreement irrespective of the term for which such re-leasing is made or the terms and conditions of such re-leasing, or otherwise, but that, on the contrary, in the event of such default by the City District the right to terminate this Lease Agreement shall vest in the Corporation to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) of this Sectionhereof. The City further waives District agrees to surrender and quit possession of the right Property upon demand of the Corporation for the purpose of enabling the Property to any be re-let under this paragraph. Any rental obtained by the Corporation in excess of the sum of Lease Payments plus costs and hereby conveys and releases such excess to the Corporation as compensation to expenses incurred by the Corporation for its services in re-leasing the Site and FacilitiesProperty shall be paid to the District.

Enforcement of Payments Without Termination. If In the event the Corporation does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) of this Sectionhereof, the City District agrees to and shall remain liable for the payment of all Lease Payments and other amounts payable hereunder, and the performance of all conditions herein contained, contained and shall reimburse the Corporation for any deficiency arising out of the re-leasing of the Site and Facilities; Leased Property, or, if in the event the Corporation is unable to re-lease the Site and FacilitiesLeased Property, then for the full amount of all Lease Payments and such other amounts to the end of the Term of this Lease, but the said Lease Payments and such other amounts and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of the Lease Payments and such other amounts hereunder, notwithstanding such entry or re-re- entry by the Corporation or any suit in unlawful detainer, or otherwise, brought by the Corporation for the purpose of effecting such re-entry or obtaining possession of the Site and Facilities Leased Property or the exercise of any other remedy by the Corporation. The City District hereby irrevocably appoints the Corporation as the agent and attorney-attorney- in-fact of the City District to enter upon and re-lease the Site Leased Property upon the occurrence and Facilities in the event continuation of default by the City in the performance an Event of any covenants herein contained to be performed by the City Default and to remove all personal property whatsoever situated upon the Site and FacilitiesLeased Property, to place such property in storage or other suitable place in the County of Contra Costa San Diego for the account of and at the expense of the CityDistrict, and the City District hereby exempts and agrees to save harmless the Corporation from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Site and Facilities Leased Property and the removal and storage of such property by the Corporation or its duly authorized agents in accordance with the provisions herein contained. The City District agrees that the terms of this Lease constitute full and sufficient notice of the right of the Corporation to re-lease the Site and Facilities Leased Property in the event of such re-entry without effecting a surrender of this Lease, and further agrees that no acts of the Corporation in effecting such re-leasing shall constitute a surrender or termination of this Lease irrespective of the term for which such re-leasing is made or the terms and conditions of such re-leasing, or otherwise, but that, on the contrary, in the event of such default by the City District the right to terminate this Lease shall vest in the Corporation to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) of this Sectionhereof. The City District agrees to surrender and quit possession of the Leased Property upon demand of the Corporation for the purpose of enabling the Leased Property to be re-let under this paragraph, and the District further waives the right to any rental obtained by the Corporation in excess of the Lease Payments and hereby conveys and releases such excess to the Corporation as compensation to the Corporation for its services in re-leasing the Site and FacilitiesLeased Property.