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Res 1998-173
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Res 1998-173
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4/24/2007 1:21:48 PM
Creation date
4/23/2007 4:37:36 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1998-173
Date
9/14/1998
Volume Book
134
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<br /> ,- 2COPAGt tïil <br /> .VOL B. Relet the Leased Premises and receive the rent. The Lessee agrees 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 lessee. <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 Lessee is obligated to do <br /> under the terms of this Lease. The Lessee agrees to reimburse the Lessor for any <br /> expenses the Lessor incurs in effecting compliance with the lessee's obligations under <br /> this Lease, within 30 days of the Lessor's issuance of a statement for the expenses to the <br /> Lessee. The Lessor and its officers, agents and employees shall not be liable for any <br /> 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 /> 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 lessee. 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 /> 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 Lessee <br /> under this Lease, the Lessee agrees to pay all reasonable attorney's fees incurred by the <br /> Lessor, within 30 days ofthe Lessor's issuance of a statement for the fees to the Lessee. <br /> Article 12. Landlord's Lien <br /> 12.01. The Lessee grants to the Lessor a valid first security interest upon all of the <br /> Lessee's goods, chattels, furniture, trade fixtures, inventory and other property upon the <br /> Leased Premises to secure all rents and other sums due or to become due to the Lessor. <br /> The Lessee expressly waives all exemption taws in favor of this security interest; and it is <br /> agreed that this express security interest shall be in addition to, and not as a waiver of or <br /> substitute for any statutory or other liens of the Lessor. In connection with this security <br /> interest, it is agreed that in the event of a breach or default by the Lessee, the Lessor may <br /> 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 an <br /> such property, including, without limitation, the right to take and retain possession of the <br /> property and to sell it at public or private sale, or to use it in any other manner authorized <br /> or provided in the UCC. Upon request by the Lessor, the Lessee agrees to execute and <br /> deliver UCC Financing Statements to the Lessor from time to time as the Lessor deems <br /> necessary to perfect the Lessor's security interest in the property, and proceeds thereof <br /> under the provisions of the UCC. <br />
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