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Res 1997-039
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Res 1997-039
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5/11/2007 6:20:01 PM
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City Clerk
City Clerk - Document
Minutes
City Clerk - Type
Regular Meeting
Date
3/24/1997
Volume Book
128
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<br />. ' VOL 164 PAGE 5:39 f(;G- <br /> <br /> <br />-8- <br /> <br />right to exercise any of the provided remedies upon the occurrence of any event of <br />default. <br /> <br />E. A receiver or trustee is appointed for all or substantially all of the assets of <br />Lessees. <br /> <br />- F. Lessees desert or vacate any substantial portion of the Leased Premises for <br />a period of 20 consecutive days. <br /> <br />13.2 Upon the occurrence of any of the events of default and the required notice period, <br />Lessor shall have the option to pursue anyone or more of the following remedies <br />without any notice or demand: <br /> <br />A. Terminate this Lease, in which event Lessees shall immediately sf..;rrender <br />the Leased Premises to Lessor, and if Lessees fail to do so, Lessor may, without <br />prejudice to any other remedy which it may have for possession or arrearages in <br />rent, enter upon and take possession of the Leased Premises and expel or remove <br />Lessees and any other person who may be occupying the premises or any parts, <br />by force if necessary, without being liable for prosecution or any claim of damages; <br />and Lessees agree to pay to Lessor on demand the amount of €ill loss and damage <br />which Lessor may suffer by reason of termination, whether through inability to relet <br />the Leased Premises on satisfactory terms or otherwise. <br /> <br />B. Relet the Leased Premises and receive the rent; Lessees agree to pay to <br />Lessor on demand any deficiency that may arise by reason of reletting. <br /> <br />C. Enter upon the Leased Premises, by force if necessary, without being liable <br />for prosecution or any claim for damages therefore, and do whatever Lessees are <br />obligated to do under the terms of this Lease; Lessees agree to reimburse Lessor <br />on demand for any expenses which Lessor may incur in effecting compliance with <br />Lessees' obligations under this Lease, and Lessees further agree that Lessor shall <br />not be liable for any damages resulting to the Lessees from any action, whether <br />caused by the negligence of Lessor or otherwise. <br /> <br />Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the <br />other remedies provided or any other remedies provided by law, nor shall pursuit <br />-of any of the other remedies provided constitute a forfeiture or waiver of any rent <br />due to Lessor or of any damages accruing to Lessor by reason of the violation of <br />any of the terms, provisions and covenants. Forbearance by Lessor to enforce one <br />or more of the remedies provided upon an event of default shall not be deemed or <br />construed to constitute a waiver of default. <br /> <br />13.3 If, on account of any breach or default by Lessees in Lessees' obligations, it <br />becomes necessary for Lessor to employ an attorney to enforce or defend any of <br />Lessor's rights or remedies, Lessees agree to pay all reasonable attorney's fees <br />incurred by Lessor. <br /> <br /> <br />¡ ARTICLE 14. <br />i Landlord's Lien <br />I <br />¡ ~- <br />14.1 Lessees grant to Lessor a valid first security interest upon all the goods, chattels, <br />furniture, trade fixtures and property which Lessees may have or own upon the <br />Leased Premises at any time or times during the term of this Lease, to secure all <br />rents and other sums due or to become due Lessor, any and all exemption laws <br />being expressly waived in favor of such security interest; and it is agreed that this <br />express security interest shall not be construed as a waiver of any statutory or other <br />liens given or which may be given to Lessor but shall be in addition to them. In <br />connection with the security interest granted Lessor, it is agreed that in the event <br />
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