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Res 2004-216
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Res 2004-216
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7/26/2006 1:29:24 PM
Creation date
7/26/2006 1:25:07 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
2004-216
Date
12/13/2004
Volume Book
159
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<br />I <br /> <br />I <br /> <br />I <br /> <br />expense. <br /> <br />9.03. During any period of reconstruction or repair of improvements on the Leased Premises, this <br />Lease shall continue in full force and effect, except that the rental shall be abated for the length of <br />time necessary for the reconstruction or repairs in proportion to the amount of floor area of the <br />Leased Premises rendered unusable, but there shall be no abatement of any other amounts <br />payable by the Lessees under the terms of this Lease. <br /> <br />9.04. Any insurance against casualty loss which may be carried by either the Lessor or the Lessee <br />shall be under the sole control of the party carrying the insurance, and the other party shall have no <br />interest in any proceeds of this insurance. Lessor and Lessee expressly waive any cause of action <br />or right of recovery which either of them may have against the other for any loss or damage to the <br />Leased Premises or to the contents caused by fire, explosion, or other risk covered by the casualty <br />Insurance. <br /> <br />Article 10. Assignment and Subletting <br /> <br />10.01. The Lessee shall not assign or sublet all or part of its interest in this Lease without the <br />advance written consent of the Lessor. Consent by the Lessor to one or more assignments or <br />sublettings shall not operate as a waiver of the Lessor's rights as to any subsequent assignments or <br />sublettings. Notwithstanding any assignment or subletting, the Lessee shall remain fully responsible <br />and liable for the payment of the rent and for compliance with all of their other obligations under this <br />Lease. <br /> <br />10.02. In the event of an assignment by the Lessor of all of its interest in this Lease to a person, <br />firm or corporation that assumes all of the Lessor's obligations, the Lessee agrees to look solely to <br />the responsibility of the successor in interest of the Lessor. Any security given by the Lessee to <br />secure performance of its obligations may be assigned and transferred by the Lessor to its <br />successor in interest, and the Lessor shall be released of any further obligations under this Lease. <br /> <br />Article 11. Events of Default and Remedies <br /> <br />11.01. The following events shall be events of default by the Lessee under this Lease: <br /> <br />A. The Lessee fails to pay when due any rental or any other sums or charges due under this <br />Lease. <br /> <br />B. The Lessee fails to comply with any other term, provision, or covenant of this Lease, and <br />does not cure the failure within 30 days after written notice to the Lessee. For any subsequent <br />default by the Lessees for the same or any other reason, the Lessor may terminate the Lease if that <br />subsequent default continues for more than three days after notice of the subsequent default. <br /> <br />C. The Lessee becomes insolvent, make a transfer in fraud of creditors, or make an <br />assignment for the benefit of creditors <br /> <br />D. The Lessee commences, or another party commences against the Lessee, proceedings <br />in bankruptcy, for reorganization, or for the readjustment or arrangement of his debts under the <br />bankruptcy laws of the United States or under any other law. The acceptance by the Lessor of the <br />Lessee's monthly payments subsequent to the occurrence of this event of default, or that set forth in <br />subparagraph E below, shall be as compensation for use and occupancy of the Leased Premises, <br />and shall in no way constitute a waiver by the Lessor of its right to exercise any remedy provided for <br />
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