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Res 1989-079
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Res 1989-079
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8/3/2007 8:22:09 AM
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8/3/2007 8:22:09 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1989-79
Date
8/28/1989
Volume Book
95
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<br /> -4- <br />outlets be properly spaced, in accordance with said standards, to <br />afford maximum use of the office space. <br />18. DEFAULT <br /> <br /> A. If any default of LESSOR regarding LESSOR'S obligation <br /> to make roof repairs under Paragraph 10 hereunder shall <br /> continue uncorrected for ten (10) days after written <br /> notice thereof from LESSEE, or <br /> B. If LESSOR shall not commence to correct any default on <br /> the part of LESSOR regarding LESSOR'S other obligations <br /> to repair under Paragraph 10 hereunder before the <br /> expiration of thirty (30) days after written notice <br /> thereof from LESSEE, or <br /> C. If LESSOR shall not, after the commencement of such <br /> repairs, diligently prosecute the same to completion, <br /> LESSEE may, at any time thereafter during the continuance of <br />such default, if LESSEE elects but LESSEE shall not be under arty <br />obligation to do so, make repairs necessary to remedy the <br />condition explained in notice to LESSOR and deduct the cost <br />thereof from the following rental payments or payments. <br /> If LESSEE shall not commence to correct any default of LESSEE <br />hereunder for thirty (30) days after written notice thereof from <br />LESSOR (except in the default of rental payments, in which case <br />the notice period shall be fifteen (15) days), and if LESSEE shall <br />not, after commencement of the same, diligently prosecute the same <br />to completion, LESSOR may, by giving written notice to LESSEE at <br />any time thereafter during the continuance of such default, <br />terminate this lease agreement and re-enter the leased premises, <br />by summary proceedings or otherwise, and expel LESSEE therefrom. <br />If LESSOR intends to follow up any notice of default with a <br />subsequent notice of cancellation of lease agreement or re-entry, <br />any such intent shall be fully set forth in any such notice of <br />default to LESSEE. If any default by either party cannot <br />reasonably be remedied within the notice times stated above <br />(except payment of rent), then such party shall have the <br />additional time reasonably necessary to remedy it before this <br />lease agreement can be terminated or other remedy enforced by the <br />other party hereto. <br /> If a petition in bankruptcy shall be filed by LESSEE, or <br />LESSEE shall be adjudicated bankrupt, or if LESSEE shall make a <br />general assignment for the benefit of creditors, or if in any <br />proceeding based upon the insolvency of LESSEE a receiver of all <br />of the property of LESSEE shall be appointed and shall not be <br />discharged within ninety (90) days after such appointment, LESSOR <br />may terminate this lease agreement by giving written notice to <br />LESSEE of its intention to do so; but neither bankruptcy, nor <br />insolvency, nor an assignment for the benefit of creditors, nor <br />the appointment of a receiver shall, however affect this lease <br />agreement or permit its termination so long as the covenants on <br />the part of LESSEE to be performed are being performed by LESSEE, <br />or someone claiming under it, or the then owner of the lease term, <br />and provided that this lease agreement shall be duly affirmed by <br />LESSEE, or someone claiming under it, or the then owner of the <br />lease term, within three (3) months after such event. <br /> No delay or omission by either party hereto to exercise any <br />right or power occurring upon any noncompliance or default by the <br />other party with respect to any of the terms hereof shall impair <br />any such right or power or be construed to be a waiver thereof. <br />Every such right and power may be exercised at any time during the <br />continuance of such default. It is further agreed that a waiver <br />by either of the parties hereto of any of the covenants and <br />agreements hereof to be performed by the other shall not be <br />
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