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Agenda - Council - 10/13/2015
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Agenda - Council - 10/13/2015
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3/17/2025 4:11:28 PM
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10/15/2015 4:07:01 PM
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Meetings
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Agenda
Meeting Type
Council
Document Date
10/13/2015
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Landlord shall be construed as an election on its part to terminate this Lease unless a written <br />notice of such intention be given to Tenant or unless the termination thereof be decreed by a <br />court of competent jurisdiction. Notwithstanding any such reletting without termination, <br />Landlord may at any time after such re-entry and reletting elect to terminate this Lease for any <br />such breach, in addition to any other remedies it may have, it may recover from Tenant all <br />damages it may incur by reason of such breach, including the cost of recovering the Leased <br />Property, reasonable attorney's fees, and including the worth at the time of such termination of <br />the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for <br />the remainder of the stated term, minus the amount of rental loss which Tenant proves could <br />have been reasonably avoided, all of which amounts shall be immediately due and payable from <br />Tenant to Landlord. Landlord shall also be entitled to any other amounts necessary to <br />compensate Landlord for all detriment proximately caused by Tenant's failure to comply with <br />the requirements of this Lease. <br />c. Landlord May Cure Default. Landlord may, at its option, instead of exercising <br />any other rights or remedies available to it in this Lease or otherwise by law, statute or equity <br />spend such money as is reasonably necessary to cure any default of Tenant herein and the <br />amount so spent, and costs incurred, including attorney's fees incurring such default, shall be <br />paid by Tenant, and additional rent, upon demand. <br />d. Tenant Payment. In the event suit is brought for recovery of possession of the <br />Leased Property, for the recovery of rent of any other amount due under the provisions of this <br />Lease, or because of the breach of any other covenant herein contained on the part of Tenant to <br />be kept or performed, and a breach shall be established, Tenant shall pay to Landlord all <br />expenses incurred therefore, including a reasonable attorney's fee, together with interest on all <br />such expenses at a reasonable the rate of interest from the date of such breach of the covenants of <br />this Lease. <br />e. Waiver of Rights of Redemption. Tenant hereby expressly waives any and all <br />rights of redemption granted by or under any present or future laws in the event of Tenant being <br />evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of the <br />Leased Property, by reason of the violation by Tenant of any of the covenants or conditions of <br />this Lease, or otherwise. Tenant also waives any demand for possession of the Leased Property, <br />and any demand for payment of rent and any notice of intent to re-enter the Leased Property, or <br />of intent to terminate this Lease, other than the notices above provided in this paragraph, and <br />waives any and every other notice or demand prescribed by any applicable statutes or laws. <br />f. No Exclusive Remedy. No remedy herein or elsewhere in this Lease or <br />otherwise by law, statute or equity, conferred upon or reserved to Landlord or Tenant shall be <br />exclusive of any other remedy, but shall be cumulative, and may be exercised from time to time <br />and as often as the occasion may arise. <br />17B. DEFAULT OF LANDLORD: <br />Landlord Payment. In the event suit is brought by the Tenant because of the breach of any <br />covenant herein contained on the part of Landlord to be kept or performed, and a breach shall be <br />established, Landlord shall pay to Tenant all expenses incurred therefore, including reasonable <br />10 <br />
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