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Res 2000-095
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Res 2000-095
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7/24/2006 8:15:49 AM
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7/24/2006 8:15:18 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
2000-95
Date
4/24/2000
Volume Book
140
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<br />VDL 241f>~f,{ f:J5 <br /> <br />B. Relet the Leased Premises and receive the rent. The Lessees agree to pay to the <br />Lessor any resulting costs, and any deficiency that may arise by reason of reletting, within 30 days <br />of the Lessor's issuance of a statement to the Lessees. <br /> <br />C. Enter the Leased Premises, by force if necessary, without being liable for prosecution <br />or any claim for damages, and do whatever the Lessees are obligated to do under the terms of <br />this Lease. The Lessees agree to reimburse the Lessor for any expenses the Lessor incurs in <br />effecting compliance with the Lessees' obligations under this Lease, within 30 days ofthe Lessor's <br />issuance of a statement for the expenses to the Lessees. The Lessor and its officers, agents and <br />employees shall not be liable for any damages or injuries that result to the Lessees from any <br />action taken under this paragraph, whether caused by the negligence of the Lessor or otherwise. <br /> <br />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 />Lessees. Any failure by the Lessor to enforce a remedy upon an event of default shall not be <br />deemed to constitute a waiver of the default or of the Lessor's right to insist on strict compliance <br />with this Lease. <br /> <br />11.03. If it becomes necessary for the Lessor to employ an attorney to enforce or defend any of <br />the Lessor's rights or remedies because of any breach or default by the Lessees under this Lease, <br />the Lessees agree to pay all reasonable attorney's fees incurred by the Lessor, within 30 days of <br />the Lessor's issuance of a statement for the fees to the Lessees. <br /> <br />Article 12. Landlord"s Lien <br /> <br />12.01. The Lessees grant to the Lessor a valid first security interest upon all of the Lessees' <br />goods, chattels, furniture, fixtures and property upon the Leased Premises to secure all rents and <br />other sums due or to become due to the Lessor. The Lessees expressly waive all exemption laws <br />in favor of this security interest; and it is agreed that this express security interest shall be in <br />addition to, and not as a waiver of or substitute for any statutory or other liens of the Lessor. In <br />connection with this security interest, it is agreed that in the event of a breach or default by the <br />Lessees, the Lessor shall be entitled to exercise all rights and remedies provided to a secured <br />party after default under the Uniform Commercial Code ("UCC"), as adopted and amended in <br />Texas, with respect to all such property, including, without limitation, the right to take and retain <br />possession of the property and to sell it at public or private sale, or to use it in any other manner <br />authorized or provided in the UCC. Upon request by the Lessor, the Lessees agrees to execute <br />and deliver UCC Financing Statements to the Lessor as the Lessor deems necessary to perfect <br />the Lessor's security interest in the property, and proceeds thereof under the provisions of the <br />UCC. <br /> <br />Article 13. Lessees's Mortgage of Leasehold Interest <br /> <br />13.01. The Lessor grants permission to the Lessees for the mortgaging of the Lessees' leasehold <br />interest in the Leased Premises for the sole purpose of obtaining funding for permanent <br />improvements to the Leased Premises. The Lessees will provide written notification to the lessor <br /> <br />COSM Form 1/99 <br /> <br />8 <br />
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