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Agenda - Council Work Session - 06/14/2011
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Agenda - Council Work Session - 06/14/2011
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3/18/2025 2:11:16 PM
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6/9/2011 3:49:43 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council Work Session
Document Date
06/14/2011
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broad as that required herein. Such liability, umbrella and /or excess policies may be subject to <br />aggregate limits so long as the aggregate limits have not at any pertinent time been reduced to <br />less than the policy limit stated above, and provided further that any umbrella or excess policy <br />provides coverage from the point that such aggregate limits in the basic policy become reduced <br />or exhausted. <br />If the above insurance policy ceases to be available, or is available on terms so <br />unacceptable that prudent landlords or tenants, as the case may be, generally do not carry such <br />insurance, then in lieu of such insurance the pertinent party may carry the most comparable <br />insurance which is available and generally carried by prudent parties. <br />14. DEFAULT: <br />14.1 Any one of the following events shall constitute an Event of Default: <br />(i) Tenant shall fail to pay any monthly installment of Base Rent or additional <br />rent as herein provided, and such default shall continue for a period of five (5) days after <br />the due date therefor; <br />(ii) Tenant shall violate or fail to perform any of the other conditions, <br />covenants or agreements herein made by Tenant and such default shall continue for <br />fifteen (15) days after notice from Landlord; provided, however, that if the nature of such <br />default is such that Tenant can cure the default, but not within fifteen (15) days, then the <br />Event of Default shall be suspended for a period not in excess of thirty (30) additional <br />days so long as Tenant commences cure within fifteen (15) days and thereafter diligently <br />and continuously prosecutes the curing of the default, and so long as continuation of the <br />default does not create material risk to the Project or to persons using the Project; <br />(iii) Tenant shall file or have filed against it or any guarantor of this Lease any <br />bankruptcy or other creditor's action, or make an assignment for the benefit of its <br />creditors. <br />14.2 If an Event of Default shall have occurred and be continuing, Landlord may at its <br />sole option by written notice to Tenant terminate this Lease. Neither the passage of time after the <br />occurrence of the Event of Default nor exercise by Landlord of any other remedy with regard to <br />such Event of Default shall limit Landlord's rights under this Section 14.2. <br />14.3 If an Event of Default shall have occurred and be continuing, whether or not <br />Landlord elects to terminate this Lease, Landlord may enter upon and repossess the Premises <br />(said repossession being hereinafter referred to as "Repossession ") by force, summary <br />proceedings, ejectment or otherwise, and may remove Tenant and all other persons and property <br />therefrom. <br />14.4 From time to time after Repossession of the Premises, whether or not this Lease <br />has been terminated, Landlord may, but shall not be obligated to, attempt to relet the Premises <br />for the account of Tenant in the name of Landlord or otherwise, for such term or terms (which <br />may be greater or less than the period which would otherwise have constituted the balance of the <br />Term) and for such terms (which may include concessions or free rent) and for such uses as <br />Landlord, in its uncontrolled discretion, may determine, and may collect and receive the rent <br />4 <br />
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