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Res 1998-172
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Res 1998-172
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4/24/2007 1:21:30 PM
Creation date
4/23/2007 4:36:51 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1998-172
Date
9/14/1998
Volume Book
134
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<br /> VOL '}'ftO ~W t¡ <br /> /:,,) p~C[,'~' <br /> in 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. 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 <br /> in 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 /> any event of default. <br /> E. A receiver or trustee is appointed for all or substantially all of the assets of the Lessee. <br /> F. The Lessee abandons or vacates all or any substantial portion of the Leased Premises. <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 /> 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 <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 /> 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 /> 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 <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 /> 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 deemed <br /> to constitute a waiver of the default or of the Lessor's right to insist on strict compliance with this <br /> Lease. <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 /> 7 <br />
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