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Agenda - Council - 06/09/2009 - Special
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Agenda - Council - 06/09/2009 - Special
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3/18/2025 4:00:31 PM
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6/4/2009 1:08:59 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Title
Special
Document Date
06/09/2009
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<br />amount due to Landlord at the time of re-entry and (ii) all reasonable out-of-pocket costs and <br />expenses incurred by Landlord to effect such reentry, including without limitation, repairs to any <br />damages sustained by the Leased Premises as a consequence of such re-entry. No such re-entry <br />shall be deemed a termination of this Lease unless Landlord notifies Tenant that this Lease is <br />terminated; and any such termination shall be effective only as of the date set forth in such <br />notice. <br /> <br />18.3 Re-entry Without Termination. Following any re-entry, Landlord may, if it <br />does not elect to terminate this Lease, relet the Leased Premises or any pali thereof for the <br />account of Tenant for such term or terms whether longer or shorter than the unexpired term of <br />this Lease, at such rent and upon such reasonable terms, conditions and covenants as Landlord, <br />in its sole discretion, may deem advisable. Upon each such reletting, all rent received by <br />Landlord shall be applied to the following obligations of Tenant to the extent not then satisfied. <br />First, to the re-entry costs described in Section 18.2; second, to any costs and expenses incurred <br />by Landlord in reletting the Leased Premises or part thereof, including, without linlitation, the <br />costs of reasonable brokers' and attorney's fees; third to the payment of any rent or additional <br />rent unpaid and due to Landlord at the time of such reletting; fourth, to any other unpaid amount <br />then due to Landlord; and the balance if any, shall be held by Landlord and applied in payment <br />of rent and additional rent as the same shall become due hereunder. If the rent received upon <br />such reletting during any calendar month shall be less than the rent that would have been paid by <br />Tenant for that month, Tenant shall pay the deficiency to Landlord, such deficiency being <br />calculated and paid months. <br /> <br />18.4. No Payments to Tenant. Upon termination of this Lease and Landlord's re-entry <br />and possession of the Leased Premises as provided in this Section 18. Landlord shall not be <br />obligated to make those payments to Tenant described in paragraph 2.3 herein. <br /> <br />19. TERMINATION <br /> <br />19.1 Expiration of Term. Unless otherwise renewed, extended or terminated, this <br />Lease shall terminate as of the end of the Expiration Date. <br /> <br />19.2 Condition of Premises. On the last day of the ternl of this Lease or on the sooner <br />tennination thereof, Tenant shall peaceably surrender the Leased Premises in as good condition <br />as when received, except for reasonable wear and tear and except for damage which Landlord is <br />obligated to repair. <br /> <br />19.3 Removal of Tenant's Property. If Tenant shall vacate or surrender the Leased <br />Premises after the termination of this Lease without removing all of Tenant's personal property <br />and fixtures as agreed, Landlord may, in Landlord's sole discretion, elect to treat such property <br />as having been abandoned by Tenant and, in such event, Tenant hereby authorizes Landlord to <br />dispose of such property without advance notice to Tenant. Upon demand, Tenant shall <br />reimburse Landlord for all reasonable out-of-pocket costs of such disposal. <br /> <br />20. ELECTION OF REMEDIES/NON-W AIVER <br /> <br />No remedy provided hereunder shall be deemed an exclusive remedy and the election of <br />any such remedy shall not bar pursuit of any other remedy or any combination thereof, or <br /> <br />12 <br />
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