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Res 1997-178
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Res 1997-178
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6/12/2007 2:56:40 PM
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6/12/2007 2:56:40 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1997-178
Date
11/10/1997
Volume Book
131
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<br /> 1 ~6 "-'17 <br /> VOL ....".?AG[t)... <br /> -8- <br /> right to exercise any of the provided remedies upon the occurrence of any event of <br /> default. <br /> E. A receiver or trustee is appointed for all or substantially all of the assets of <br /> Lessees. <br /> F. Lessees desert or vacate any substantial portion of the Leased Premises for <br /> a period of 20 consecutive days. <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 /> A. Terminate this Lease, in which event Lessees shall immediately surrender <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 all 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 /> 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 /> 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 /> 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 /> 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 /> ARTICLE 14. <br /> Landlord's Lien <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 /> of default by Lessees, Lessor shall have and be entitled to exercise all rights and <br />
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