Question
Please assist in answering questions below: 3. In the default provisions of Section 15, what is the landlord's duty to mitigate damages? Should the landlord
Please assist in answering questions below:
3. In the default provisions of Section 15, what is the landlord's duty to "mitigate" damages? Should the landlord be required to mitigate? Explain.
Supporting information:
15. Default
In the event of a default made by Tenant in the payment of rent when due to Landlord, Tenant shall have fifteen (15) days after receipt of written notice thereof to cure such default. In the event of a default made by Tenant in any of the other covenants or conditions to be kept, observed, and performed by Tenant, Tenant shall have thirty (30) days after receipt of written notice thereof to cure such default. In the event that the Tenant shall fail to cure any default within the time allowed under this paragraph, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages.
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