Repository: UIHistories Project: Board of Trustees Minutes - 1936 [PAGE 852]

EXTRACTED TEXT FROM PAGE:

I936]

UNIVERSITY OF ILLINOIS

849

Provided, however, that any such entry upon or taking possession or operation of the demised premises by the Lessor (its agents or attorneys or throughany person or persons it shall designate for such purpose) pursuant to subdivision (b) hereof, or any appointment of a receiver pursuant to subdivision (c) hereof, shall be deemed pursuant to license from, and as agent of, the Lessee, and shall not be deemed to affect this lease or the leasehold estate of the Lessee hereunder or to be a disturbance of the quiet enjoyment by the Lessee of the demised premises or mconsistent with such quiet enjoyment, but shall be deemed in all respects solely for the benefit of the Lessee and in furtherance of its rights under this lease, and to assist it in the performance of its obligations hereunder, and shall not in any way affect the obligation of the Lessee to pay the Rent and other sums payable by the Lessee hereunder or to carry out the terms hereof. Provided, further, that the termination of this lease and any re-entry upon the demised premises or any portion thereof by the Lessee pursuant to subdivision (a) hereof shall not in any way affect the obligation of the Lessee to pay the Rent and othersums payable by the Lessee hereunder to the end of the yearly term during which the lease was so terminated and also to the end of the next succeeding yearly term hereof if the Lessee failed (within the time hereinabove required) to give the aforesaid notice of intention not to renew this lease, said obligation of the Lessee to make said payments shall continue as fully and to the same extent as if this lease had not been terminated and such re-entry had not been made. In the event of a re-entry by the Lessor (by itself, its agents or attorneys or through any person or persons it shall designate for such purpose) pursuant to subdivision (a) or (b) hereof or in the event of the appointment of a receiver pursuant to subdivision (c) hereof, the Lessee shall be credited on account of the sums which shall continue to be payable by it hereunder with the net amounts (after deduction of any and all expenses in connection therewith) realized from any re-letting of the premises or any part thereof, but without obligating the Lessor or said receiver so to re-let the premises. Any re-letting may be by the Lessor or receiver for its own account or as agent of the Lessee, as the Lessor or receiver shall prefer, and the Lessee hereby confirms all such action by the Lessor or receiver. It is expressly covenanted that the Lessor (by itself, its agents or attorneys or through any person or persons it shall designate for such purpose) may enter upon and take possession of the demised premises pursuant to subdivision (a) or (b) hereof, without demand or notice (other than that hereinabove provided) and with or without process of law, and may expel and remove the Lessee and every other person or persons occupying the demised premises, using such force as may be necessary, the Lessee hereby expressly waiving all right to any demand by the Lessor for possession of the demised premises and all right to any notice from the Lessor other than that hereinabove provided. The foregoing provisions shall not be deemed to limit the right of the Lessor, its successors and assigns, to compel, by such remedies as may be provided by law, the Lessee to perform all its covenants and obligations hereunder, immediately upon default therein, irrespective of whether the same shall constitute an event of default, as herein defined. It is expressly covenanted that the rights and remedies given to the Lessor and its successors and assigns (including the Trustee) in this lease are distinct, separate and cumulative rights and remedies, and that no one of them, whether or not exercised by the Lessor, shall be deemed to be in exclusion of any of the others, and that the Lessor may pursue any of said rights or remedies whether separately or concurrently. The Lessee further covenants and agrees as follows (all of the following agreements, conditions, covenants and terms, being hereby agreed to be material to, and of the essence of, the execution and the continuance in force of this lease), it being expressly stipulated between the Lessor and the Lessee, however, that the obligations of the Lessee under this Lease with respect to the payment or expenditure of money, including expressly the Rent herein reserved and