AG 2012 08 20 - Laserfiche WebLink

Home Browse Search

15. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non - payment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five (45) days after receipt of written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Landlord and a breach of this Agreement: (i) failure to provide access to the Premises or to cure an interference problem within twenty -four (24) hours after receipt of written notice of such default; or (ii) Landlord's failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty -five (45) days after receipt of written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have: (i) the right to cure Landlord's default and to deduct the costs of such cure from any monies due to Landlord from Tenant, and (ii) any and all other rights available to it under law and equity. 16. ASSIGNMENT /SUBLEASE. The rights and duties arising under this Agreement may not be sold, assigned or transferred without the written consent of the County. Tenant may not sublease the premises or any interest therein without the prior written consent of the County. 17. NOTICES. (a) All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: If to LANDLORD: Countv of Cabarrus PO Box 525 Concord, NC 28026 -0525 Attn: Capt. Phillip Patterson Cabarrus County Sheriff's Office Communications Division Fax: 704 - 920 -3172 With a copy to: County Attorney PO Box 707 Concord, NC 28026 -0707 Fax: 704 - 920 -2100 If to TENANT: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site: WND- 074PO331 Fixed Asset #: 10132844 12555 Cingular Way, Suite 1300 Alpharetta, GA 30004 With copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site: WND- 074PO331 Fixed Asset #: 10132844 1025 Lenox Pak Boulevard 5th Floor Atlanta, GA 30319 The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. F -2 Page 81