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Agenda - Council - 09/24/2013
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Agenda - Council - 09/24/2013
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
09/24/2013
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(ii) Tenant shall violate of fail to perform any of the other conditions, <br />covenants or agreements herein made by Tenant and such default shall <br />continue for fifteen (15) days after notice from Landlord, provided, <br />however, that if the nature of such default is such that Tenant can cure the <br />default, but not within fifteen (15) days, then the Event of Default shall be <br />suspended for a period not in excess of thirty (30) additional days so long <br />as Tenant commences cure within fifteen (15) days and thereafter and <br />continuously prosecutes the curing of the default, and so long as <br />continuation of the default does not create material risk to the Premises or <br />to persons using the Premises; <br />(iii) Tenant shall file or have filed against it any bankruptcy or other creditor's <br />action, or make an assignment for the benefit of its creditors, <br />17,2 If an Event of Default shall have occurred and bee continuing, Landlord may at its <br />sole option by written notice to Tenant terminate this Lease. Neither the passage of <br />time after the occurrence of the Event of Default nor exercise by Landlord of any <br />other remedy with regard to such Event of Default shall limit the Landlord's rights <br />under this Section 17.2, <br />17,3 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 <br />.Premises (said repossession being hereinafter referred to as "Repossession") by <br />summary legal proceedings or legal eviction or other lawful means, and may remove <br />Tenant and all other persons and property therefrom pursuant to Court Order, <br />17,4 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 <br />the Premises for the account of Tenant in the name of Landlord or otherwise, for <br />such term or terms (which may be greater of less than the period which would <br />otherwise have constituted. the balance of the Term) and for such terms (which may <br />include concessions or free rent) and fox such uses as Landlord, in its uncontrolled <br />discretion, may determine, and may collect and receive the rent therefor. Any rent <br />received shall be applied against Tenant's obligations hereunder, but Landlord shall <br />not be responsible or liable for any failure to collect any rent due upon any such <br />reletting, <br />17,5 No termination of this Lease pursuant to Section 17,2 and no Repossession of the <br />Premises pursuant to Section 17,3 or otherwise shall relieve Tenant of its liabilities <br />and obligations under this Lease, all of which shall survive any such termination or <br />Repossession, In the event of any such termination or Repossession, whether or not <br />the Premises shall .have been relet, Tenant shall pay to Landlord the Base Rent and <br />other sums and charges to be paid by Tenant up to the lime of such termination or <br />Repossession, and thereafter Tenant, until the end of what would have been the Term <br />in the absence of suoh•termination or Repossession, shall pay to Landlord, as and for <br />liquidated and agreed current damages for Tenant's default, the equivalent of the <br />amount of the Rent payable under this Lease by Tenant if this Lease were still in <br />effect, less the net proceeds, if any, of any reletting effected pursuant to the , <br />
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