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HomeMy WebLinkAbout2817 i attorneys' fees and court costs, and by performance of all of the Lessee's or Association's defaulted covenants not perform- able by the payment of monies to the Lessor. This provision shall be in addition and supplemental to any provision elesewhere herein r set forth with respect t~ the-payment of interest or deferred or late paymeats except that the total interest due and payable on any rent payment made by the Lessor on behalf of the Lessee or Association shall not exceed ten percent per annum. 37. RUNNING OF GRACE PSRIODS. All default and grace periods shall run concurrently and not consecutively. f 38. CUMULATIVE REMEDIES. The various rights, remedies, ~ powers, options, elections, preferences and liens of the Lessor set ~ ; _ _ _ forth in this lease shall be construed as being exclusive of the € ' other or exclusive of any rights or priorities allowed by law f ; ~ and the exercise of one or more shall not be construed as a ~ ~ ~ waiver of the others. ~ 39. CONSTRUCTION OF A REMSDY AS ELECTION TO TERMINATE. ~ The exercise by the Lessor of any of its rights of remedies provided in this lease to enforce the provisions of this lease by decree, ~ judgment or otherwise, shall not be construed as an election by the ~ ~ Lessor to terminate and cancel this lease except if the exercise ::f h of such right or remedy be the declaration by the Lessor that ~ the lease is terminated and cancelled due to default on the part ~ of the Lessee; or the entry of a judgment, decree or writ of ! ~ ~ eviction as to the Lessee; or the entry of a~udgment or decree w ~ ~ of a court of competent ~urisdiction cancelling this lease. ~ ; ~ ~ ~ i ~ ~ -36- ~~i~0 ~6E~.0~~ ~ rr ~ _ ; ' - r t ' ~ . :-~.~"~s_ ~