Res 1990-122 - Laserfiche WebLink

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-4- notice to LESSOR and deduct the cost thereof from the following rental payments or payments. If LESSEE shall not commence to correct any default of LESSEE hereunder for thirty (30) days after written notice thereof from LESSOR (except in the default of rental payments, in which case the notice period shall be fifteen (15) days), and if LESSEE shall not, after commencement of the same, diligently prosecute the same to completion, LESSOR may, by giving written notice to LESSEE at any time thereafter during the continuance of such default, terminate this lease agreement and re-enter the leased premises, by summary proceedings or otherwise, and expel LESSEE therefrom. If LESSOR intends to follow up any notice of default with a subsequent notice of cancellation of lease agreement or re-entry, any such intent shall be fully set forth in any such notice of default to LESSEE. If any default by either party cannot reasonably be remedied within the notice times stated above (except payment of rent), then such party shall have the additional time reasonably necessary to remedy it before this lease agreement can be terminated or other remedy enforced by the other party hereto. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms hereof shall impair any such right or power or be construed to be a waiver thereo f. Every such right and power may be exercised at any time during the continuance of such default. It is further agreed that a waiver by either of the parties hereto of any of the covenants and agreements hereof to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenants or agreements herein contained. 19. WAIVER Failure of either party to insist upon strict performance of any covenant or condi tion of this lease agreement in anyone or more instances shall not be construed as a waiver for the future of any such covenant or condition, but the same shall be and remain in full force and effect. 20. NOTICES Any notice required or desired to be given to either party shall be in writing and be sent by certified mail postage prepaid. Any such notice to the LESSOR shall be addressed to her at P.O. Box 494, Kerrville, Texas, 78029. Any such notice to the LESSEE shall be addressed to City Manager, Larry D. Gilley, 630 East Hopkins, San Marcos, Texas, 78666. The address of either party may be changed by written notice thereof to the other party. 21. CAPTIONS The captions appearing at the beginning of each of the sections and paragraphs of this lease agreement are for reference only and are not to be considered a part of this lease agreement. 22. TIME It is expressly stipulated that time shall be of the essence of this lease agreement. 23. BINDING ON HEIRS. ETC. This lease agreement shall be binding upon the heirs, devisees, executors, administrators, successors in interest, and assigns of the parties hereto. 24. MODIFICATION This contract constitutes the whole agreement between the parties. There are no terms, obligations, covenants, or conditions other than those contained herein. No modification or variation thereof shall be deemed valid unless evidenced by an agreement in writing.