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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 />any event of default. <br /> <br />E. A receiver or trustee is appointed for all or substantially all of the assets of the Lessee. <br /> <br />F. The Lessee abandons or vacate all or any substantial portion of the Leased Premises. <br /> <br />11.02. 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 Lessees 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 <br />of the Leased Premises and remove the Lessee and any other person occupying the premises, by <br />force if necessary, without prejudice to any other remedy it may have for possession or arrearages <br />in rent, and without being liable for any resulting damages. The Lessee agrees to pay to the Lessor <br />the 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 receives the rent. The Lessee agree to pay to the Lessor <br />any resulting costs, and any deficiency that may arise by reason of reletting, 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 <br />Lease. The Lessee agree 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 />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 <br />deemed to constitute a waiver of the default or of the Lessor's right to insist on strict compliance with <br />this Lease. <br /> <br />11.03. If it becomes necessary for the Lessor to employ an attorney to enforce or defend any of the <br />Lessor's rights or remedies because of any breach or default by the Lessee under this Lease, the <br />Lessee agrees to pay all reasonable attorney's fees incurred by the Lessor, within 30 days of the <br />Lessor's issuance of a statement for the fees to the Lessee. <br /> <br />Article 12. Landlord's Lien <br /> <br />12.01. The Lessee grants to the Lessor a valid first security interest upon all of the Lessee's goods, <br />chattels, furniture, fixtures and property upon the Leased Premises to secure all rents and other <br />sums due or to become due to the Lessor. The Lessee expressly waives all exemption laws in favor <br />of this security interest; and it is agreed that this express security interest shall be in addition to, and <br />not as a waiver of or substitute for any statutory or other liens of the Lessor. In connection with this <br />security interest, it is agreed that in the event of a breach or default by the Lessee, the Lessor shall <br />be entitled to exercise all rights and remedies provided to a secured party after default under the <br />Uniform Commercial Code ("UCC"), as adopted and amended in Texas, with respect to all such <br />
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