Common use of Enforcement of Payments Without Termination Clause in Contracts

Enforcement of Payments Without Termination. If the Authority does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) hereof, the City agrees to and shall remain liable for the payment of all Lease Payments and the performance of all conditions herein contained and shall reimburse the Authority for any deficiency arising out of the re-leasing of the Leased Property, or, if the Authority is unable to re-lease the Leased Property, then for the full amount of all Lease Payments to the end of the Term of this Lease, but said Lease Payments and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of Lease Payments hereunder, notwithstanding such entry or re-entry by the Authority or any suit in unlawful detainer, or otherwise, brought by the Authority for the purpose of effecting such re-entry or obtaining possession of the Leased Property or the exercise of any other remedy by the Authority. The City hereby irrevocably appoints the Authority as the agent and attorney-in-fact of the City to enter upon and re-lease the Leased Property upon the occurrence and continuation of an Event of Default and to remove all personal property whatsoever situated upon the Leased Property, to place the Leased Property in storage or other suitable place in the County of Alameda for the account of and at the expense of the City, and the City hereby exempts and agrees to save harmless the Authority from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Leased Property and the removal and storage of the Leased Property by the 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 Authority to re-lease the Leased Property in the event of such re-entry without effecting a surrender of this Lease, and further agrees that no acts of the 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 Authority to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) hereof. 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 Authority in excess of the Lease Payments and hereby conveys and releases such excess to the Authority as compensation to the Authority for its services in re-leasing the Leased Property.

Enforcement of Payments Without Termination. If the Authority Bank does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) hereof, the City District agrees to and shall remain liable for the payment of all Lease Payments and the performance of all conditions herein contained 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 Authority Bank for any deficiency arising out of the re-re leasing of the Leased Property, or, if the Authority Bank is unable to re-re lease or sell the Leased Property, then for the full amount of all Lease Payments to the end of the Term of this Lease, but said Lease Payments and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of Lease Payments hereunder, notwithstanding such entry or re-entry by the Authority Bank or any suit in unlawful detainer, or otherwise, brought by the Authority Bank for the purpose of effecting such re-entry or obtaining possession of the Leased Property or the exercise of any other remedy by the AuthorityBank. The City District hereby irrevocably appoints the Authority Bank as the agent and attorney-in-fact of the City District to enter upon and re-re lease the Leased Property upon the occurrence and continuation of an Event of Default and to remove all personal property whatsoever situated upon the Leased Property, to place the Leased Property such property in storage or other suitable place located in the County of Alameda 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 Authority Bank from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-re leasing of the Leased Property and the removal and storage of the Leased Property such property by the Authority 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 Authority Bank to re-re lease the 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 Authority 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 Authority Bank to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) hereof. The City District agrees to surrender and quit possession of the Leased Property upon demand of the Authority Bank for the purpose of enabling the Leased Property to be re-re let under this paragraph, and the City further waives the right to District agrees that any rental obtained by the Authority Bank in excess of the Lease Payments and hereby conveys and releases such excess to the Authority can be applied as compensation to the Authority Bank for its services in re-leasing the Leased Property.

Enforcement of Payments Without Termination. If the Authority Corporation does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) hereofof 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 contained, and shall reimburse the Authority Corporation for any deficiency arising out of the re-leasing of the Leased Property, Site and Facilities; or, if the Authority Corporation is unable to re-lease the Leased PropertySite 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 said 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 Authority Corporation or any suit in unlawful detainer, or otherwise, brought by the Authority Corporation for the purpose of effecting such re-entry or obtaining possession of the Leased Property Site and Facilities or the exercise of any other remedy by the AuthorityCorporation. The City hereby irrevocably appoints the Authority Corporation as the agent and attorney-in-fact of the City to enter upon and re-lease the Leased Property upon Site and Facilities in the occurrence and continuation event of an Event default by the City in the performance of Default any covenants herein contained to be performed by the City and to remove all personal property whatsoever situated upon the Leased PropertySite and Facilities, to place the Leased Property such property in storage or other suitable place in the County of Alameda Contra Costa for the account of and at the expense of the City, and the City hereby exempts and agrees to save harmless the Authority Corporation from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Leased Property Site and Facilities and the removal and storage of the Leased Property such property by the Authority 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 Authority Corporation to re-lease the Leased Property 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 Authority 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 Authority Corporation to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) hereofof this Section. 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 Authority Corporation in excess of the Lease Payments and hereby conveys and releases such excess to the Authority Corporation as compensation to the Authority Corporation for its services in re-leasing the Leased PropertySite and Facilities.

Enforcement of Payments Without Termination. If In the Authority event the Corporation does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) hereofof 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 contained, and shall reimburse the Authority Corporation for any deficiency arising out of the re-leasing of the Leased Property, ; or, if in the Authority event the Corporation is unable to re-lease the Leased Property, then for the full amount of all Lease Payments and such other amounts to the end of the Term of this Lease, but said 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 Authority Corporation or any suit in unlawful detainer, or otherwise, brought by the Authority Corporation for the purpose of effecting such re-entry or obtaining possession of the Leased Property or the exercise of any other remedy by the AuthorityCorporation. The City County hereby irrevocably appoints the Authority Corporation as the agent and attorney-in-fact of the City County to enter upon and re-lease the Leased Property upon in the occurrence and continuation event of an Event default by the County in the performance of Default any covenants herein contained to be performed by the County and to remove all personal property whatsoever situated upon the Leased Property, Property to place the Leased Property such property in storage or other suitable place in the County of Alameda for the account of and at the expense of the CityCounty, and the City County hereby exempts and agrees to save harmless the Authority Corporation from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Leased Property and the removal and storage of the Leased Property such property by the Authority 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 Authority Corporation to re-lease the Leased Property in the event of such re-entry without effecting a surrender of this Lease, and further agrees that no acts of the Authority 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 Authority Corporation to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) hereofof this Section. 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 County further waives the right to any rental obtained by the Authority Corporation in excess of the Lease Payments and hereby conveys and releases such excess to the Authority Corporation as compensation to the Authority Corporation for its services in re-leasing the Leased Property.

Enforcement of Payments Without Termination. If the Authority does not elect to terminate this Lease Agreement in the manner hereinafter provided for in subparagraph (b) hereof, the City agrees to and shall remain liable for the payment of all Lease Payments and the performance of all conditions herein contained and shall reimburse the Authority for any deficiency arising out of the re-leasing of the Leased Property, or, if the Authority is unable to re-lease the Leased Property, then for the full amount of all Lease Payments to the end of the Term of this LeaseLease Agreement, but said Lease Payments and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of Lease Payments hereunder, notwithstanding such entry or re-entry by the Authority or any suit in unlawful detainer, or otherwise, brought by the Authority for the purpose of effecting such re-entry or obtaining possession of the Leased Property or the exercise of any other remedy by the Authority. The City hereby irrevocably appoints the Authority as the agent and attorney-in-fact of the City to enter upon and re-lease the Leased Property upon the occurrence and continuation of an Event of Default and to remove all personal property whatsoever situated upon the Leased Property, to place the Leased Property such property in storage or other suitable place in the San Bernardino County of Alameda for the account of and at the expense of the City, and the City hereby exempts and agrees to save harmless the Authority from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Leased Property and the removal and storage of the Leased Property such property by the 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 Authority to re-re- lease the Leased Property in the event of such re-entry without effecting a surrender of this LeaseLease Agreement, and further agrees that no acts of the 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 Authority to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) hereof. 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 . Any rental obtained by the Authority in excess of the sum of Lease Payments plus costs and hereby conveys and releases such excess to the Authority as compensation to expenses incurred by the Authority for its services in re-leasing the Leased PropertyProperty shall be paid to the City.

Enforcement of Payments Without Termination. If the Authority does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) hereof, the City agrees to and shall remain liable for the payment of all Lease Payments and the performance of all conditions herein contained 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 Authority for any deficiency arising out of the re-leasing or sale of the Leased Property, or, if the Authority is unable to re-lease or sell the Leased Property, then for the full amount of all Lease Payments to the end of the Term of this Lease, but said Lease Payments and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of Lease Payments hereunder, notwithstanding such entry or re-entry by the Authority or any suit in unlawful detainer, or otherwise, brought by the Authority for the purpose of effecting such re-entry or obtaining possession of the Leased Property or the exercise of any other remedy by the Authority. The City hereby irrevocably appoints the Authority as the agent and attorney-in-fact of the City to enter upon and re-lease the Leased Property upon the occurrence and continuation of an Event of Default and to remove all personal property whatsoever situated upon the Leased Property, to place the Leased Property such property in storage or other suitable place located in the County of Alameda 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 Authority from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Leased Property and the removal and storage of the Leased Property such property by the 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 Authority to re-lease the Leased Property in the event of such re-entry without effecting a surrender of this Lease, and further agrees that no acts of the 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 Authority to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) hereof. 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 Authority in excess of the Lease Payments and hereby conveys and releases such excess to the Authority as compensation to the Authority for its services in re-leasing the Leased Property.

Enforcement of Payments Without Termination. If the Authority Corporation does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph subsection (b) hereofof this Section, the City District agrees to and shall remain liable for the payment of all Lease Payments and the performance of all conditions herein contained and shall reimburse the Authority Corporation for any deficiency arising out of the re-leasing of the Leased Property, or, if the Authority Corporation is unable to re-lease the Leased Property, then for the full amount of all Lease Payments to the end of the Term of this Lease, but said Lease Payments and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of Lease Payments hereunder, notwithstanding such entry or re-entry by the Authority Corporation or any suit in unlawful detainer, or otherwise, brought by the Authority Corporation for the purpose of effecting such re-entry or obtaining possession of the Leased Property or the exercise of any other remedy by the AuthorityCorporation. The City District hereby irrevocably appoints the Authority Corporation as the agent and attorney-in-fact of the City District to enter upon and re-lease the Leased Property upon the occurrence and continuation of an Event of Default and to remove all personal property whatsoever situated upon the Leased Property, to place the Leased Property such property in storage or other suitable place in the County of Alameda 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 Authority Corporation from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Leased Property and the removal and storage of the Leased Property such property by the Authority 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 Authority Corporation to re-lease the Leased Property in the event of such re-entry without effecting a surrender of this Lease, and further agrees that no acts of the Authority 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 Authority Corporation to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) hereof. 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 Authority in excess of the Lease Payments and hereby conveys and releases such excess to the Authority as compensation to the Authority for its services in re-leasing the Leased Property.subsection

Enforcement of Payments Without Termination. If the Authority Corporation does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) hereofof 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 Authority Corporation for any deficiency arising out of the re-leasing of the Leased Property, Site and Facilities; or, if the Authority Corporation is unable to re-lease the Leased PropertySite 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 said 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 Authority Corporation or any suit in unlawful detainer, or otherwise, brought by the Authority Corporation for the purpose of effecting such re-entry or obtaining possession of the Leased Property Site and Facilities or the exercise of any other remedy by the AuthorityCorporation. The City District hereby irrevocably appoints the Authority Corporation as the agent and attorney-in-fact of the City District to enter upon and re-lease the Leased Property upon Site and Facilities in the occurrence and continuation event of an Event default by the District in the performance of Default any covenants herein contained to be performed by the District and to remove all personal property whatsoever situated upon the Leased PropertySite and Facilities, to place the Leased Property such property in storage or other suitable place in the County of Alameda Sacramento for the account of and at the expense of the CityDistrict, and the City District hereby exempts and agrees to save harmless the Authority Corporation from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-re- leasing of the Leased Property Site and Facilities and the removal and storage of the Leased Property such property by the Authority 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 Authority Corporation to re-lease the Leased Property 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 Authority 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 Authority Corporation to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) hereofof this Section. 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 District further waives the right to any rental obtained by the Authority Corporation in excess of the Lease Payments and hereby conveys and releases such excess to the Authority Corporation as compensation to the Authority Corporation for its services in re-leasing the Leased PropertySite and Facilities.

Enforcement of Payments Without Termination. If In the Authority event the Corporation does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) hereof, the City District agrees to and shall remain liable for the payment of all Lease Payments and the performance of all conditions herein contained and shall reimburse the Authority Corporation for any deficiency arising out of the re-leasing of the Leased Property, or, if in the Authority event the Corporation is unable to re-lease the Leased Property, then for the full amount of all Lease Payments to the end of the Term of this Lease, but said Lease Payments and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of Lease Payments hereunder, notwithstanding such entry or re-re- entry by the Authority Corporation or any suit in unlawful detainer, or otherwise, brought by the Authority Corporation for the purpose of effecting such re-entry or obtaining possession of the Leased Property or the exercise of any other remedy by the AuthorityCorporation. The City District hereby irrevocably appoints the Authority Corporation as the agent and attorney-attorney- in-fact of the City District to enter upon and re-lease the Leased Property upon the occurrence and continuation of an Event of Default and to remove all personal property whatsoever situated upon the Leased Property, to place the Leased Property such property in storage or other suitable place in the County of Alameda 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 Authority Corporation from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Leased Property and the removal and storage of the Leased Property such property by the Authority 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 Authority Corporation to re-lease the Leased Property in the event of such re-entry without effecting a surrender of this Lease, and further agrees that no acts of the Authority 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 Authority Corporation to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) hereof. The City District agrees to surrender and quit possession of the Leased Property upon demand of the Authority Corporation for the purpose of enabling the Leased Property to be re-let under this paragraph, and the City District further waives the right to any rental obtained by the Authority Corporation in excess of the Lease Payments and hereby conveys and releases such excess to the Authority Corporation as compensation to the Authority Corporation for its services in re-leasing the Leased Property.

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

Enforcement of Payments Without Termination. If the Authority does not elect to terminate this Lease in the manner hereinafter provided for in subparagraph (b) hereof, the City agrees to and shall remain liable for the payment of all Lease Payments and the performance of all conditions herein contained and shall reimburse the Authority for any deficiency arising out of the re-leasing of the Leased Property, or, if the Authority is unable to re-lease the Leased Property, then for the full amount of all Lease Payments to the end of the Term of this Lease, but said Lease Payments and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of Lease Payments hereunder, notwithstanding such entry or re-entry by the Authority or any suit in unlawful detainer, or otherwise, brought by the Authority for the purpose of effecting such re-entry or obtaining possession of the Leased Property or the exercise of any other remedy by the Authority. The City hereby irrevocably appoints the Authority as the agent and attorney-in-fact of the City to enter upon and re-lease the Leased Property upon the occurrence and continuation of an Event of Default and to remove all personal property whatsoever situated upon the Leased Property, to place the Leased Property in storage or other suitable place in the County of Alameda Santa Xxxxx for the account of and at the expense of the City, and the City hereby exempts and agrees to save harmless the Authority from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Leased Property and the removal and storage of the Leased Property by the 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 Authority to re-lease the Leased Property in the event of such re-entry without effecting a surrender of this Lease, and further agrees that no acts of the 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 Authority to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) hereof. 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 Authority in excess of the Lease Payments and hereby conveys and releases such excess to the Authority as compensation to the Authority for its services in re-leasing the Leased Property.