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2001_Resolutions
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2001_Resolutions
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Premises in first class rentable condition. Lessor, in putting the Premises in good order or <br />preparing the same for re -rental may, at Lessor's option, make such alterations, repairs, or <br />• replacements in the Premises as Lessor, in its sole judgment, considers advisable and necessary <br />for the purpose of reletting the Premises, and the making of such alterations, repairs, or <br />replacements shall not operate or be constru-.d to release Lessee from liability hereunder as <br />aforesaid. Lessor shall in no event be liable in any way whatsoever for failure to relet the <br />Premises, or in the event that the Premises are relet, for failure to collect the rent under such <br />reletting, and in no event shall Lessee be entitled to receive the excess, if any, of such net rent <br />collected over the sums payable by Lessee to Lessor hereunder. Any amounts received by <br />Lessor from such re -letting shall be applied first to the expenses associated with such re -letting <br />and the remainder to all sums due and owing Lessor hereunder. <br />23. NON -WAIVER: Failure of Lessor to declare any default immediately upon <br />occurrence thereof or delay in taking any action in connection therewith shall not waive such <br />default, but Lessor shall have the right to declare any such default at any time; no waiver of any <br />default shall alter Lessee's obligations under the Lease, with respect to any other existing or <br />subsequent default. <br />24. UNPAID RENT: Any Rent or Additional Rent which is not paid timely will <br />accrue interest per annum at a rate equal to the lesser of eighteen percent (18%) or the greatest <br />interest rate allowable under applicable law from the date such payments are due. Such interest <br />will constitute Additional Rent hereunder. <br />25. NOTICE. Any notice provided for or permitted by this Lease Agreement shall be <br />• given in writing by certified United States mail, postage prepaid, return receipt requested, <br />addressed to the party to be notified at the address designated by that party in writing to the other <br />and shall be deemed conclusively to have been given on the date of mailing as post -marked. <br />26. ATTORNEYS' FEES AND INTEREST: In the event it becomes necessary for <br />either party to employ one or more attorneys to enforce its rights under this Lease Agreement, <br />the prevailing party shall be entitled to reasonable attorneys' fees, costs and expenses incurred in <br />such regard. <br />27. QUIET POSSESSION: In consideration of the covenants and agreements herein <br />contained, Lessor agrees to warrant and defend Lessee in the quiet and peaceful possession of the <br />Premises during the term of this Lease. <br />28. ENTIRETY OF UNDERSTANDING IN WRITTEN LEASE: It is agreed that <br />the entire understanding between the parties is set out in the Lease and that this Lease supersedes <br />all prior proposals, letters, and agreements, oral or written, and that no modification or alteration <br />of this Lease Agreement shall be effective unless evidenced by an instrument in writing signed <br />by both parties. <br />29. GOVERNING LAW. This Lease Agreement shall be interpreted, governed and <br />enforced according to the laws of the Commonwealth of Virginia, without regard to the choice of <br />law principles of it or any other jurisdiction. In the event that an action should be filed to resolve <br />
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