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Res 1984-102
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Res 1984-102
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9/4/2007 6:36:49 PM
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9/4/2007 6:36:49 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1984-102
Date
11/5/1984
Volume Book
68
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<br /> -10- <br /> No delay or omission by either party hereto to exercise any right <br /> or power accrulng upon any noncompliance or default by the other party <br /> with respect to any of the terms hereof shall impair any such right or <br /> power or be construed to be a waiver thereof. Subject to the <br /> provisions of this paragraph 28, every such right and power may be <br /> exercised at any time during the continuance of such default. It is <br /> further agreed that a waiver by either of the parties hereto of any of <br /> the covenants and agreements hereo f to be performed by the other shall <br /> not be construed to be a waiver of any succeeding breach thereof or of <br /> any other covenants or agreements herein contained. <br /> 29. WAIVER <br /> Failure of either party to insist upon strict performance of any <br /> covenant or condition of this lease agreement in any one or more <br /> instances shall not be construed as a waiver for the future of any such <br /> covenant or condition, but the same shall be and remain in full force <br /> and effect. <br /> 30. LEASE APPLIES ONLY TO BUSINESS ON PREMISES <br /> It is understood that LESSEE may be presently involved in numerous <br /> other activities at other locations. In this respect, it is not <br /> intended that the gross sales and other provisions of this lease <br /> agreement shall apply to the business activities of LESSEE or of any <br /> asslgnee or sublessee of LESSEE at other locations, but shall apply <br /> only to the business conducted on the premises, whether cond ucted <br /> thereon by LESSEE or by an assignee or sublessee of LESSEE, it being <br /> fully understood that the foregoing provisions are not intended to <br /> modify lD any manner the responsibilities or obligations of LESSEE <br /> pursuant to Paragraph 22 of this lease agreement. <br /> 31.ALTERATIONS OR ADDITIONS <br /> The LESSEE shall have the right to make alterations or additions <br /> to the premises, provided such alterations or additions are at its sole <br /> cost and expense, and that such alterations or additions shall be of <br /> good workmanship and material at least equal to that of the original <br /> construction and that such alterations or additions neither shall <br /> reduce the size and strength of the existing building, nor adversely <br /> affect the market value of the premises ~ provided, however, that such <br /> alterations or additions to the premises which shall cost more than <br /> Twenty Thousand Dollars ($20,000.00) shall be made by the LESSEE <br /> without the written consent of the LESSOR. The LESSEE shall at his <br /> expense, be required to remove any such alterations or additions and <br /> to restore the building to its original condition at the termination of <br /> the lease, unless LESSOR requests they remain upon and be surrendered <br /> with the premises and become the property of the LESSOR at the <br /> termination of this lease. <br /> 32. NOTICES <br /> Any notice required or desired to be given to either party shall <br /> be In writing and be sent by registered mail, postage prepaid. Any <br /> such notice to the LESSOR shall be addressed to it at Post Office Box <br /> 666, San Marcos, Texas 78666. Any such notice to the LESSEE shall <br /> be addressed to Director of Administrative and Public Services at 630 <br /> East Hopkins, San Marcos, Texas 78666. The address of either party <br /> may be changed by v.rri tten notice thereof to the other party. <br /> 33. CAPTIONS <br /> The captions appearing at the beginning of each of the sections <br /> and paragraphs of this lease agreement are for reference only and are <br /> not to be considered a part of this lease agreement. <br />
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