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Res 2007-183
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Res 2007-183
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6/17/2008 3:59:32 PM
Creation date
10/18/2007 10:14:04 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Amendment
Number
2007-183
Date
10/16/2007
Volume Book
173
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given to Lessor herein are in addition to any rights that may be given to Lessor by any statute or <br />otherwise. <br />(e} Lessor's pursuit of any remedy specified in this Lease will not constitute <br />an election to pursue that remedy only, nor preclude Lessor from pursuing any other remedy <br />available at law or in equity, nor constitute a forfeiture or waiver of any Base Rent or other <br />amount due to Lessor as described herein. <br />ARTICLI: 9 <br />Default of Lessor <br />9.l Defaults and Remedies. In the event of any breach by Lessor of any covenant of <br />Lessor under this Lease, Lessee shall have the right to deliver to Lessor a written notice <br />specifying such breach, and unless within ninety (90) days from and after the date of delivery of <br />such notice Lessor shall have commenced to remove or to cure such breach or occurrence and <br />shall be proceeding with reasonable diligence to completely remove or cure such breach or <br />occurrence (provided such breach or occurrence must be cured within one hundred eighty (180) <br />days after such notice), then Lessee shall have all remedies available at law ar in equity. <br />ARTICLE 10 <br />Condemnation <br />10.1 Definitions. Whenever used in this Article 10, the following words shall have the <br />definitions and meanings hereinafter set forth: <br />(a) "Condemnation Proceeding". Any action brought for the purpose of any <br />taking of the Leased Premises, or any part thereof or of any property interest therein {including, <br />without limitation, the right o the temporary use of all or any portion of the Leased Premises), by <br />competent authority as a result of the exercise of the power of eminent domain, including a <br />voluntary sale to such authority either under threat of condemnation or while such action or <br />proceeding is pending. <br />(b) "Taking" or "Taken". The event and date of vesting of title to the Leased <br />Premises or any part thereof or any property interest therein (including, without limitation, the <br />right to the temporary use of all or any portion of the Leased Premises), pursuant to a <br />Condemnation Proceeding. <br />10.2 Efforts to Prevent Taking. Lessor shall use its reasonable efforts to cause all other <br />competent authorities with the power of eminent domain to refrain from instituting any <br />Condemnation Proceedings or exercising any other powers of eminent domain with respect to <br />the Leased Premises, or any part thereof or any interest therein, during the Term of this Lease <br />which would materially interfere with the use of the Conference Center. <br />10.3 Entire Taking. If all or substantially all of the Leased Premises shall be Taken in <br />Condemnation Proceedings, Base Rent shall be fully abated from and after the date of such <br />Taking and from and after such date Lessee and Lessor shall not have any other obligations <br />17 <br />2025904.1 <br />
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