01/28/2019 BOARD OF SELECTMEN Agenda Packet

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possession of the premises by any lawful means and remove Tenant or other occupants and their effects. In any case where Landlord has recovered possession of the premises by reason of Tenant's default, Landlord may at Landlord's option occupy the premises or cause the Leased Premises to be redecorated, altered, divided, consolidated with other adjoining premises, or otherwise changed or prepared for re-letting, and shall re-let the Leased Premises or any part thereof as agent or Tenant or otherwise, for a term or terms to expire prior to, at the same time as or subsequent to, the original expiration date of this Lease Agreement, to receive the rent therefor, applying the same first to the payment of such expense as Landlord may have incurred in connection with the recovery of possession, redecorating, altering, dividing, consolidating with other adjoining premises, or otherwise changing or preparing for re-letting and the re- letting, including brokerage and reasonable attorney's fees, and then to the payment of damages in amounts equal to the rent hereunder and to the cost,and expenses of performance of the other covenants of Tenant as herein provided; and Tenant agrees, whether or not Landlord has re-let, to pay to Landlord damages equal to the rent and other sums herein agreed to be paid by Tenant, less the net proceeds of the re-letting, if any, as ascertained from time to time, and the same shall be payable by Tenant as herein before specified. In re-letting the Leased Premises as aforesaid, Landlord may grant rent concessions, and Tenant shall not be credited therewith. No such re- letting shall constitute a surrender and acceptance or be deemed evidence thereof. The Tenant shall not be entitled to any surplus accruing as a result of any re-letting. If Landlord elects pursuant hereto to occupy and use the Leased Premises, or any part thereof, during any part of the balance of the term as originally fixed or since extended,there shall be allowed against Tenant's obligation for rent or damages as herein defined, during the period of Landlord's occupancy, the reasonable value of such occupancy, not to exceed in any event the rent herein reserved and such occupancy shall not be construed as a release of Tenant's liability hereunder. Landlord shall have an affirmative 4ILty to mitigate damages. 21. REMEDIES CUMULATIVE: No mention in this Lease Agreement of any specific right or remedy shall preclude Landlord from exercising any other right or from having any other remedy, or from maintaining any action to which it may otherwise be entitled either at law or equity; and the failure of Landlord to insist in any one or more instance upon a strict performance of any covenant of this Lease Agreement or to exercise any option or right herein contained shall not be construed as a waiver or relinquishment for the future of such covenant,right or option,but the same shall remain in full force and effect unless the contrary is expressed in writing by Landlord. 22. SUCCESSORS AND ASSIGNS: This Lease Agreement, and the covenants and conditions herein, shall inure to the benefit of and be binding upon Landlord, its successors and assigns, and shall inure to the benefit of Tenant and only such assigns of Tenant to whom the assignment by Tenant has been consented in writing to by Landlord. 23. FORCE MAJEURE: