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Agenda - Council - 01/14/2014
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Agenda - Council - 01/14/2014
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Meetings
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Agenda
Meeting Type
Council
Document Date
01/14/2014
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discounted to present value at the rate then being given prime loans minus one <br />point by Wells Fargo Minneapolis. Landlord shall not, by any re-entry or other <br />act, be deemed to have terminated this Lease, unless, Landlord shall notify Tenant <br />in writing that Landlord has elected to terminate the same. <br />15.4.3 Remedies Cumulative. The remedies of Landlord specified in <br />this Lease shall be cumulative as to each other and as to any remedy allowed by <br />the Requirements. <br />15.5 Right to Injunction. In the event of a breach or threatened .breach by <br />Tenant of any of this Lease's covenants or provisions, Landlord shall have the right of <br />injunction and the right to revoke any remedy allowed at law or in equity as if re-entry, <br />summary proceedings and other remedies were not herein provided for. Mention in this <br />Lease of any particular remedy shall not preclude Landlord from any other remedy, in <br />law or in equity. <br />Notices given under this paragraph shall specify the alleged default and the <br />applicable Lease provisions, and shall demand that the defaulting party perform the <br />provisions of this Lease or pay the amount due that is in arrears, as the case may be, <br />within the applicable period 'of time. No such notice shall be deemed a forfeiture or a <br />termination of this Lease unless Landlord so elects in the notice. <br />16. Landlord's Entry on Premises. Landlord or Landlord's agents, employees or <br />representatives shall have the right to enter into and upon all or any part of the Premises during <br />the Term at all reasonable times and without prior notice for any of the following purposes: (a) <br />examination; (b) determination whether Tenant is in compliance with its obligations under this <br />Lease; or (c) making repairs, alterations, additions or improvements to the Premise, as may be <br />necessary by reason of Tenant's failure to make the same after notice to Tenant to do so. <br />.Landlord shall conduct its activities on the Premises as allowed in this paragraph in a manner <br />that will cause the least possible inconvenience, annoyance, or disturbance to Tenant. <br />17. Force Majeure. Whenever a period of time is prescribed for the taking of any <br />action by Landlord or Tenant in this Lease, as the case may be, Landlord or Tenant, shall not be <br />liable or responsible for, and there shall be excluded from the computation of such period of <br />time, any delays due to strikes, lockouts, riots, acts of God, shortages of labor or materials, war, <br />civil commotion, fire or other casualty, catastrophic weather conditions, a court order that causes <br />a delay, governmental laws, regulations, or restrictions, or any other cause whatsoever beyond <br />either party's control (any of the foregoing being referred to as. an "Unavoidable Delay"). <br />Landlord and Tenant shall use reasonable efforts to notify the other party not later than ten (10) <br />business days after such party knows of the occurrence of an event constituting an Unavoidable <br />Delay. In no event shall any party's financial condition or inability to fund or obtain financing <br />constitute an Unavoidable Delay with respect to such party. <br />18. Notice. All notices, consents, demands, communications or approvals required or <br />permitted by this Lease shall be in writing and shall be delivered personally or delivered by <br />certified or registered mail, return receipt requested, addressed as follows: <br />10 <br />
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