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Res 2002-013
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Res 2002-013
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10/20/2005 4:26:47 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Airport
Number
2002-13
Date
1/28/2002
Volume Book
146
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<br />11.02. The acceptance by the Lessor of the Lessee's monthly payments subsequent to the occurrence <br />of any event of default shall be as compensation for use and occupancy of the Leased Premises, and <br />shall in no way constitute a waiver by the Lessor of its right to exercise any remedy provided for any <br />event of default. <br /> <br />11.03. Upon the occurrence of any of the events of default, the Lessor shall have the option to <br />pursue anyone or more of the following remedies without any notice or demand whatsoever: <br /> <br />A. Terminate this Lease. In this event the Lessee shall immediately surrender the Leased <br />Premises to the Lessor, and if the Lessee fails to do so, the Lessor may enter and take possession of <br />the Leased Premises and remove the Lessee and any other person occupying the premises, by force <br />if necessary, without prejudice to any other remedy it may have for possession or arrearages in rent, <br />and without being liable for any resulting damages. The Lessee agrees to pay to the Lessor the <br />amount of all resulting costs, losses and damages incurred by the Lessor within 30 days of the <br />Lessor's issuance of a statement to the Lessee. <br /> <br />B. Relet the Leased Premises and receive the rent. The Lessee agrees to pay to the Lessor <br />any resulting costs, and any deficiency that may arise by reason ofreletting, within 30 days of the <br />Lessor's issuance of a statement to the Lessee. <br /> <br />C. Enter the Leased Premises, by force if necessary, without being liable for prosecution or <br />any claim for damages, and do whatever the Lessee is obligated to do under the terms of this Lease. <br />The Lessee agrees to reimburse the Lessor for any expenses the Lessor incurs in effecting <br />compliance with the Lessee's obligations under this Lease, within 30 days of the Lessor's issuance <br />of a statement for the expenses to the Lessee. The Lessor and its officers, agents and employees <br />shall not be liable for any damages or injuries that result to the Lessee from any action taken under <br />this paragraph, whether caused by the negligence of the Lessor or otherwise. <br /> <br />11.04. The Lessor's pursuit of any of these remedies will not preclude pursuit of any other remedies <br />provided under this Lease or by law, nor will pursuit of any remedy constitute a waiver of any rent <br />due to the Lessor or of any damages caused to the Lessor by any violation of this Lease by the <br />Lessee. Any failure by the Lessor to enforce a remedy upon an event of default shall not be deemed <br />to constitute a waiver of the default or of the Lessor's right to insist on strict compliance with this <br />Lease. <br /> <br />11.05. The prevailing party in any legal proceeding brought under this Lease will recover its <br />reasonable attorney's fees from the other party, in addition to other amounts that may be due. These <br />fees will be paid after entry of a final judgment in the proceeding, within 30 days of the prevailing <br />party's issuance of a statement for the fees to the other party. <br /> <br />Article 12. Landlord's Lien <br /> <br />7 <br />
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