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Res 1998-228
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Res 1998-228
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4/27/2007 3:07:03 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1998-228
Date
12/21/1998
Volume Book
135
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<br /> Article 11.. Events of Default. and Remedies <br /> 11.01. The following events shall be events of default by the Lessee under this Lease: <br /> A. The Lessee fails to pay when due any rental or any other sums or charges due under <br /> this Lease. <br /> B. The Lessee fails to comply with any other term, provision, or covenant of this Lease, <br /> and does not cure the failure within 30 days after written notice to the Lessee. For any <br /> subsequent default by the Lessee for the same or any other reason, the Lessor may terminate the <br /> Lease if that subsequent default continues for more than three days after notice of the subsequent <br /> default. <br /> C. The Lessee becomes insolvent, makes a transfer in fraud of creditors, or makes an <br /> assignment for the benefit of creditors <br /> D. The Lessee commences, or another party commences against the Lessee, proceedings <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 <br /> the Lessee's monthly payments subsequent to the occurrence of this event of default, or that set <br /> forth in subparagraph E below, shall be as compensation for use and occupancy of the Leased <br /> Premises, and shall in no way constitute a waiver by the Lessor of its right to exercise any remedy <br /> provided for 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 <br /> possession of the Leased Premises and remove the Lessee and any other person occupying the <br /> premises, by force if necessary, without prejudice to any other remedy it may have for possession <br /> or arrearages in rent, and without being nable for any resulting damages. The Lessee agrees to <br /> pay to the Lessor the amount of all resulting costs, losses and damages incurred by the Lessor <br /> within 30 days of the 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 <br /> Lessor any resulting costs, and any deficiency that may arise by reason of reletting, within 30 days <br /> 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 prosecution <br /> or any claim for damages, and do whatever the Lessee is obligated to do under the terms of this <br /> Lease. 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 /> 7 <br />
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