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Res 1997-107
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Res 1997-107
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6/11/2007 3:57:06 PM
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6/11/2007 3:57:06 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1997-107
Date
6/23/1997
Volume Book
129
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<br /> 7{; e- <br /> state or federal, existing for the relief of debtors, or there shall be commenced any <br /> analogous statutory or nonstatutory proceeding involving Lessee. The acceptance by Lessor <br /> of Lessee's monthly payment as provided subsequent to the occurrence of this event of <br /> default, or that set forth in subparagraph (5), shall be as compensation for use and <br /> occupancy of the Leased Premises, and shall in no way constitute a waiver by Lessor of its <br /> right to exercise any of the provided remedies upon the occurrence of any event of default. <br /> E. A receiver or trustee shall be appointed for all or substantially all of the assets of <br /> Lessee. <br /> F. Lessee deserts or vacates a substantial portion of the premises. <br /> Upon the occurrence of any of the events of default, Lessor shall have the option to pursue <br /> one or more of the following remedies without any notice or demand whatsoever: <br /> (1) Terminate this Lease, in which event Lessee shall immediately surrender the <br /> Leased Premises to Lessor, and if Lessee fails to do so, Lessor may, without prejudice to <br /> any other remedy which it may have for possession of arrearages in rent, enter upon and <br /> take possession of the Leased Premises and expel or remove Lessee and any other person <br /> who may be occupying the premises or any part thereof, by force if necessary, without being <br /> liable for prosecution or any claim of damages; and Lessee agrees to pay to Lessor on <br /> demand the amount of all loss and damage which Lessor may suffer by reason of <br /> termination, whether through inability to relet the Leased Premises on satisfactory terms or <br /> otherwise. <br /> (2) Enter upon and take possession of the Leased premisês and expel or remove <br /> Lessee and any other person who may by occupying the premises or any part thereof, by <br /> force if necessary, without being liable for prosecution or any claim for damages, and relet <br /> the Leased Premises and receive the rent; and Lessee agrees to pay to Lessor on demand <br /> any deficiency that may arise by reason of reletting. <br /> (3) Enter upon the Leased Premises, by force if necessary, without being liable <br /> for prosecution or any claim for damages, and do whatever Lessee is obligated to do under <br /> the terms of this Lease; and Lessee agrees to reimburse Lessor on demand for any <br /> expenses which Lessor may incur in this effecting compliance with Lessee's obligation under <br /> this Lease, and Lessee further agrees that ~essor shall not be liable for any damages <br /> resulting to Lessee from any action, whether caused by the negligence of Landlord or <br /> otherwise. <br /> Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other <br /> remedies provided or any other remedies provided by law, nor shall pursuit of any of the <br /> other remedies provided constitute a forfeiture or waiver of any rent due to Lessor or of any <br /> damages accruing to Lessor by reason of the violation of any of the terms, provisions and <br /> covenants. Forbearance by Lessor to enforce one to more of the remedies provided upon <br /> an event of default shall not be deemed or construed to constitute a waiver of default. <br />13.2 If, on account of any breach or default by Lessee in Lessee's obligations hereunder, it <br /> becomes necessary for Lessor to employ an attorney to enforce ir defend any of Lessor's <br /> rights or remedies, Lessee agrees to pay any reasonable attorney's fees incurred by Lessor. <br /> 8 <br />
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