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Res 1999-181
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Res 1999-181
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9/6/2006 11:43:55 AM
Creation date
9/6/2006 11:43:27 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1999-181
Date
9/27/1999
Volume Book
138
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<br />losses and damages incurred by the Lessor within 30 days of the Lessor's issuance of a <br />statement to the Lessees. <br /> <br />B. Relet the Leased Premises and receive the rent. The Lessees agree to pay to <br />the Lessor any resulting costs, and any deficiency that may arise by reason of reletting, <br />within 30 days 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 <br />prosecution or any claim for damages, and do whatever the Lessees are obligated to do <br />under the terms of this Lease. The Lessees agree to reimburse the Lessor for any <br />expenses the Lessor incurs in effecting compliance with the Lessees' obligations under <br />this Lease, within 30 days of the Lessor's issuance of a statement for the expenses to the <br />Lessees. The Lessor and its officers, agents and employees shall not be liable for any <br />damages or injuries that result to the Lessees from any action taken under this paragraph, <br />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 <br />remedies provided under this Lease or by law, nor will pursuit of any remedy constitute a <br />waiver of any rent due to the Lessor or of any damages caused to the Lessor by any <br />violation of this Lease by the Lessees. Any failure by the Lessor to enforce a remedy upon <br />an event of default shall not be deemed to constitute a waiver of the default or of the <br />Lessor's right to insist on strict compliance with this Lease. <br /> <br />11.03. If it becomes necessary for the Lessor to employ an attorney to enforce or defend <br />any of the Lessor's rights or remedies because of any breach or default by the Lessees <br />under this Lease, the Lessees agree to pay all reasonable attorney's fees incurred by the <br />Lessor, within 30 days of the Lessor's issuance of a statement for the fees to the Lessees. <br /> <br />Article 12. Landlord's Uen <br /> <br />12.01. The Lessees grant to the Lessor a valid first security interest upon all of the <br />Lessees' goods, chattels, furniture, fixtures and property upon the Leased Premises to <br />secure all rents and other sums due or to become due to the Lessor. The Lessees <br />expressly waive all exemption laws in favor of this security interest; and it is agreed that <br />this express security interest shall be in addition to, and not as a waiver of or substitute for <br />any statutory or other liens of the Lessor. In connection with this security interest, it is <br />agreed that in the event of a breach or default by the Lessees, the Lessor shall be entitled <br />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 <br />all such property, including, without limitation, the right to take and retain possession of <br />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 agree to <br /> <br />COSM Form 1/99 <br /> <br />9 <br />
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