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Res 2011-093
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Res 2011-093
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Last modified
9/27/2011 11:11:24 AM
Creation date
8/3/2011 1:55:44 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2011-93
Date
8/2/2011
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ii. Additional late charges of $10.00 per day thereafter until rent and late charges <br />are paid in full. Additional late charges may not exceed more than 15 days in <br />any one month. <br />iii. Provided, however, that if the foregoing late charge would be deemed in <br />violation of the law, such amount shall be equal to an amount determined by <br />multiplying the amount of monthly rent times the highest rate of interest per <br />annum allowed under applicable law. The parties agree that the late charge <br />set forth herein represents a fair and reasonable estimate of the costs Landlord <br />will incur by reason of such late payment. <br />d. Returned Checks: In addition to the foregoing late charges, Tenant shall reimburse <br />Manager or Landlord for each check Tenant tenders to Manager that is returned or <br />not honored by the institution on which it is drawn for any reason. Tenant must make <br />any returned check good by paying such amount(s) plus any associated charges in <br />certified funds. Any sums required to be paid hereunder and not paid when due, <br />including attorneys' fees, shall bear interest, until paid, at the lesser of the following <br />rates: (i) 18% per annum; or (ii) the highest rate allowed under applicable law. <br />Interest shall accrue on monthly rental payments and late charges from the fifth day <br />of each month until such payments are received by Manager and, on returned check <br />charges, until such returned check is made good. All agreements between Landlord <br />and Tenant, whether herein contained or in any other instrument or agreement, <br />whether written or oral, are hereby expressly limited so that in no contingency or <br />event whatsoever shall any acceleration of rents due, late charges, returned check <br />charges, interest charges, or any other charges whatsoever, be deemed as interest <br />charged, contracted for or received in excess of the amount permitted under <br />applicable law, it particularly being the intention of the parties hereto to conform <br />strictly to the laws of the State of Texas. Any portion of such charges which are <br />deemed as interest in excess of the amount permitted under applicable law, as of the <br />date such charge is due, shall be applied to a reduction of the rental payment next <br />coming due hereunder, or, if such portion of charges exceeds the rental payment next <br />coming due hereunder, such amount shall be refunded to Tenant. If a specific due <br />date for any monetary obligation owed by Tenant to Landlord is not provided for in <br />this Agreement, the due date for such obligation shall be that date which is ten (10) <br />days after Landlord delivers a written request for payment to Tenant. <br />Except with the Landlord's prior written consent, Tenant will not be released from this <br />Agreement for any reason – including but not limited to voluntary or involuntary job transfer, <br />change of marital status, loss of co- tenant, loss of employment, bad health, or the sale or <br />disposition of the Aircraft. Tenant is obligated to the terms and conditions of this <br />Agreement, including the payment of rent, for the entire Primary Term, from the <br />Commencement Date through the Expiration Date, and for each month thereafter (if <br />4 <br />Tenant^- Landlord: <br />
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