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Res 2007-159
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Res 2007-159
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Last modified
2/25/2008 2:51:12 PM
Creation date
9/5/2007 4:40:59 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2007-159
Date
9/4/2007
Volume Book
173
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<br />addition to any other rights or remedies it may have, shall have the immediate right of re-entry and may remove all <br />persons and property from the Demised Premises and such property may be removed and stored in a public <br />warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal <br />process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be <br />occasioned thereby. <br /> <br />Section 19.2. Events of Default. The occurrence of any one or more of the following events shall constitute an <br />"Event of Default" by Tenant: <br /> <br />(1) Failure to pay when due any installment of rent or any other obligation hereunder involving the payment <br />of money, if the failure continues for five (5) days after the due date. <br /> <br />(2) Failure to perform or observe any term, provision or covenant of this Lease to be performed or observed <br />by Tenant, other than as described in subsections (1) and (3) of Section 18.2, upon the expiration of thirty (30) days <br />following written notice to Tenant of such failure. <br /> <br />(3) Desertion, abandonment or vacation of all or any substantial portion of the Demised Premises prior to the <br />expiration of the full term and any extension or renewal of this Lease. Any removal or attempt to remove all or a <br />substantial portion of Tenant's goods, wares, equipment, fixtures, furniture or other personal property from the <br />Demised Premises without the prior written consent of Landlord shall be deemed to be an abandonment for purposes <br />hereof. <br /> <br />Section 19.3. Landlord's Remedies. Upon the occurrence of anyone or more of the foregoing Events of <br />Default, without notice or demand of any kind to Tenant or any other party, Landlord shall have the option to pursue, <br />in addition to and cumulative of all other legal or equitable remedies now or hereafter available, the following <br />described remedies: <br /> <br />(1) Landlord may elect to terminate this Lease and the term created hereby, in which event Landlord may <br />immediately repossess the Demised Premises and Tenant shall pay at once to Landlord, as liquidated damages, the <br />sum of money equal to the rent provided in this lease to be paid by Tenant to Landlord for the balance of the stated <br />term of this Lease, together with such expenses as Landlord may incur for legal expenses, brokerage fees and in <br />restoring the Demised Premises. Premises in good order and preparing the same for re-rental, less the fair rental <br />value of the Demised Premises for the same period. <br /> <br />(2) Landlord may elect to terminate Tenant's right of possession of the Demised Premises without <br />termination of this Lease, in which event Tenant agrees to surrender possession and vacate the Demised Premises <br />immediately and deliver possession thereof to Landlord, and Tenant hereby grants to Landlord full and free license <br />to enter into and upon the Demised Premises, or any part thereof, and to expel or remove Tenant and any other <br />person, firm or corporation who may be occupying or within the Demised Premises or any part thereof, and remove <br />any and all property there from, using such force as may be necessary, without terminating this Lease or releasing <br />Tenant in whole or in part from Tenant's obligation to pay rent and perform any of the covenants, conditions and <br />agreements to be performed by Tenant, as provided in this Lease, without being deemed in any manner guilty of <br />trespass, eviction or forcible entry or detainer, and without relinquishing Landlord's right to rental or any other right <br />of Landlord in this Lease or by operation of Law. <br /> <br />Upon and after entry into possession, without terminating this Lease, Landlord may, but shall not be obligated to, <br />relet all or any part of the Demised Premises for the account of Tenant for such rent and upon such terms and to such <br />person, firm or corporation and for such use or uses and such period or periods as Landlord, in Landlord's sole <br /> <br />!NlTlAL~ <br />
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