Laserfiche WebLink
18 <br />expense of Tenant, any obligation of Tenant under this Sublease which Tenant has failed to perform <br />and of which Commission has given Tenant notice (entering upon the Premises for such purpose, <br />if necessary), the cost of which performance by Commission, plus interest thereon at the lesser of <br />(i) the highest rate permitted by law, or (ii) eighteen percent (18%) per annum from the date of such <br />expenditure, and reasonable cost and expense incurred by Commission, shall be payable by Tenant <br />to Commission with the first Rent installment thereafter becoming due and payable. The <br />performance by Commission of any Tenant obligation under this Section 12.2(a) shall not be <br />construed either as a waiver of the Event of Default or of any other right or remedy of Commission <br />with respect to such Event of Default or as a waiver of any term or condition of this Sublease. <br />Notwithstanding the provisions of this Section 12.2(a) and regardless of whether an Event of <br />Default shall have occurred, Commission may exercise the remedy described in this Section 12.2(a) <br />without any notice to Tenant if Commission, in its good faith judgment, believes that it or the <br />Premises would be materially injured by failure to take rapid action or if the unperformed obligation <br />of Tenant constitutes an emergency. <br />(b)Termination of Sublease. Commission may terminate this Sublease, by written notice <br />to Tenant, without any right by Tenant to reinstate its right by payment of Rent due or other <br />performance of the terms and conditions hereof. Upon such termination, Tenant shall immediately <br />surrender possession of the Premises to Commission, and Commission shall, in addition to all other <br />rights and remedies that Commission may have, immediately become entitled to receive from <br />Tenant: (i) an amount equal to the aggregate of all Rent which then remains due to Commission but <br />unpaid by Tenant; (ii) reasonable costs and expenses incurred by Commission in connection with a <br />re-entry or taking of possession of the Premises; (iii) reasonable costs and expenses incurred by <br />Commission in connection with making alterations and repairs for the purpose of re-letting the <br />Premises; and (iv) reasonable attorneys' fees. <br />(c)Termination of Possessory Rights. Commission may terminate Tenant's rights to <br />possession of the Premises without terminating this Sublease or Tenant's obligations hereunder and <br />Tenant shall continue to be obligated to pay all Rent which then remains due to Commission but <br />unpaid by Tenant and Tenant shall continue to be obligated for future Rent as the same comes due <br />under this Sublease. <br />(d)Acceleration of Rent. Commission may, whether it terminates the Sublease or <br />Tenant's possessory rights to the Premises, accelerate and declare immediately due all of the Rent <br />that otherwise would have been due from the date of the Event of Default through the stated <br />expiration date of the Term or Extended Term, the option for which has been exercised. <br />(e)Rent Minus Fair Market Value. Commission may declare immediately due and <br />payable from Tenant, in addition to any damages or other amounts becoming due from Tenant <br />under any other provision of this Sublease, an amount equal to the difference between (i) the Rent <br />reserved in this Sublease from the date of the Event of Default through the stated expiration date <br />of the Term or Extended Term, the option for which has been exercised, and (ii) the then-fair market <br />value of the Premises for the same period. <br />(f)Other Remedies. Pursue any legal or equitable remedy allowed by applicable laws <br />of the State.