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Res 1999-123
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Res 1999-123
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8/22/2006 4:50:01 PM
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8/22/2006 4:49:30 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1999-123
Date
6/14/1999
Volume Book
137
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<br />IJOL 217 P~C[ 147 <br /> <br />C. The Lessee becomes insolvent, makes a transfer in fraud of creditors, or makes an <br />assignment for the benefit of creditors <br /> <br />D. The Lessee commences, or another party commences against the Lessee, proceedings in <br />bankruptcy, for reorganization, or for the readjustment or arrangement of its debts under the <br />bankruptcy laws of the United States or under any other law. <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 vacates all or any substantial portion of the Leased Premises. <br /> <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 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 Lease. <br />The Lessee agrees to reimburse the Lessor for any expenses the Lessor incurs in effecting compliance <br />with the Lessee's obligations under this Lease, within 30 days of the Lessor's issuance of a statement <br />for the expenses to the Lessee. The Lessor and its officers, agents and employees shall not be liable <br />for any damages or injuries that result to the Lessee from any action taken under this paragraph, <br />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 /> <br />COSM form 1/99 <br />
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