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Res 1998-040
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Res 1998-040
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9/11/2006 4:08:10 PM
Creation date
9/11/2006 4:07:38 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1998-40
Date
2/23/1998
Volume Book
132
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<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 <br />under this Lease. <br /> <br />B. The Lessee fails to comply with any other term, provision, or covenant of this <br />Lease, and does not cure the failure within 30 days after written notice to the Lessee. For <br />any subsequent default by the Lessee for the same or any other reason, the Lessor may <br />terminate the Lease if that subsequent default continues for more than three days after <br />notice of the subsequent default. <br /> <br />C. The Lessee becomes insolvent, makes a transfer in fraud of creditors, or makes <br />an assignment for the benefit of creditors <br /> <br />D. The Lessee commences, or another party commences against the Lessee, <br />proceedings in. bankruptcy, for reorganization, or for the readjustment or arrangement of <br />its debts under the bankruptcy laws of the United States or under any other law. The <br />acceptance by the Lessor of the Lessee's monthly payments subsequent to the occurrence <br />of this event of default, or that set forth in subparagraph E below, shall be as <br />compensation for use and occupancy of the Leased Premises, and shall in no way <br />constitute a waiver by the Lessor of its right to exercise any remedy provided for any event <br />of default.- <br /> <br />E. A receiver or trustee is appointed for all or substantially all of the assets of the <br />Lessee. <br /> <br />F. The Lessee abandons or vacates all or any substantial portion of the Leased <br />Premises. <br /> <br />11.02. Upon the occurrence of any of the events of default, the Lessor shall have the <br />option to pursue anyone or more of the following remedies without any notice or demand <br />whatsoever: <br /> <br />A Terminate this Lease. In this event the Lessee shall immediately surrender the <br />Leased Premises to the Lessor, and if the Lessee fails to do so, the Lessor may enter and <br />take possession of the Leased Premises and remove the Lessee and any other person <br />occupying the premises, by force if necessary, without prejudice to any other remedy it <br />may have for possession or arrearages in rent, and without being liable for any resulting <br />damages. The Lessee agrees to pay to the Lessor the amount of all resulting costs, <br />losses and damages incurred by the Lessor within 30 days of the Lessor's issuance of a <br />statement to the Lessee. <br /> <br />B. Relet the Leased Premises and receive the rent. The Lessee agrees to pay to <br />
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