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11/20/2018_SpecialCall
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11/20/2018_SpecialCall
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Last modified
1/25/2021 12:40:06 PM
Creation date
12/21/2018 2:52:09 PM
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Meetings
Meeting Type
Special Hearing
Document Type
Agenda Packet
Meeting Date
11/20/2018
Meeting Body
Board of County Commissioners
Subject
Brightline; All Aboard Florida; Virgin Trains USA
Settlement agreement
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(2) Lessor may enter the Leased Premises as agent of the Lessee to take <br />possession of any property of the Lessee on the Leased Premises, to store such property at the <br />expense and risk of Lessee or to sell or otherwise dispose of such property in such manner as <br />Lessor may see fit without notice to Lessee. Lessor shall not be liable in any way in connection <br />with its actions pursuant to this section, to the extent that its actions are in accordance with <br />applicable law. <br />(3) Lessor may relet all or any part of the Leased Premises for all or any part of <br />the unexpired portion of the term of this Lease or for any longer period, and may accept any Rent <br />then attainable; grant any concessions of Rent, and agree, at Lessee's expense, to paint or make <br />any special repairs, alterations, and decorations for any new lessee as it may deem advisable in its <br />sole and absolute discretion. Lessor shall be under no obligation to relet or to attempt to relet the <br />Leased Premises greater than that imposed by applicable law. <br />(4) Lessor may remedy or attempt to remedy any default of the Lessee <br />under this Lease for the account of the Lessee and Lessor (and its agents and/or representatives) <br />may enter upon the Leased Premises for such purposes. No notice of Lessor's intention to perform <br />such covenants need be given. Lessor shall not be liable to Lessee for any loss or damage caused <br />by acts of Lessor in remedying or attempting to remedy such default and Lessee shall pay to Lessor <br />all expenses incurred by Lessor in connection with remedying or attempting to remedy such <br />default. Any expenses incurred by Lessor shall accrue interest from the date of payment by Lessor <br />until repaid by Lessee at the highest rate permitted by applicable law. <br />(c) COSTS. <br />Lessee shall pay to Lessor on demand all costs incurred by Lessor, including reasonable <br />attorneys' fees and costs, (whether incurred in preparation for or at trial, on appeal, or in <br />bankruptcy), incurred by Lessor in enforcing any of the obligations of Lessee under this Lease. In <br />addition, upon any default by Lessee, Lessee shall also be liable to Lessor for the expenses incurred <br />by Lessor in connection with re-entering the Leased Premises, reletting the Leased Premises and <br />putting the Leased Premises into the condition necessary for such reletting (including attorneys' <br />fees and disbursements, marshall's fees, and brokerage fees, in so doing), and any other expenses <br />reasonably incurred by Lessor. <br />(d) WAIVER. <br />No delay or omission by Lessor in exercising a right or remedy shall exhaust or <br />impair the same or constitute a waiver of, or acquiescence to, a default. <br />(e) DEFAULT BY LESSOR. <br />In the event of any default by Lessor of any material term of this Lease, Lessee will <br />give Lessor written notice specifying such default with particularity, and Lessor shall have a period <br />of thirty (30) days following the date of such notice in which to commence the appropriate cure of <br />such default. If Lessor fails to commence and diligently pursue the appropriate cure of such <br />14 <br />
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