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Agenda - Council - 04/13/2021
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Agenda - Council - 04/13/2021
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3/14/2025 2:56:29 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
04/13/2021
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17. PUBLIC LIABILITY INSURANCE: <br />Tenant shall during the term hereof keep in full force and effect at its expense a policy or policies <br />of public liability insurance with respect to the Leased Property and the business of Tenant, on <br />terms with companies approved in writing by Landlord, in Landlord and Landlord's designees are <br />named as additional insured under prudent limits of liability not less than: $1,000,000.00 for <br />injury/death to any one person; $2,000,000.00 for injury/death to more than one person, and <br />$1,000,000.00 with respect to damage to Leased Property. Such policy(ies) shall: (i) provide that <br />such policies are primary and landlord's policy(ies) are noncontributing; (ii) include a cross - <br />liability endorsement, and (iii) require that at least 30 days prior written notice must be given to <br />Landlord prior to cancellation, expiration or material adverse changes to such policy(ies). Tenant <br />shall furnish evidence satisfactory to Landlord at the time this Lease is executed that such coverage <br />is in full force and effect. <br />17A. DEFAULT OF TENANT: <br />a. Failure to Pay Rent. In the event of any failure of Tenant to pay any rent due <br />within five (5) days after the same shall be due, or any failure to perform any other of the terms, <br />conditions or covenants of this Lease to be observed or performed by Tenant for more than 20 <br />days after written notice of such failure shall have been given to Tenant, or if Tenant or an agent <br />of Tenant shall falsify any report required to be furnished to Landlord pursuant to the terms of this <br />Lease, or if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any <br />debtor proceedings or any person shall take or have against Tenant or any guarantor of this Lease <br />in any court pursuant to any statute either of the United States or of any state a petition of <br />bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of <br />all or a portion of Tenant's or any such guarantor's Leased Property, or if Tenant or any such <br />guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an <br />arrangement, or if Tenant shall abandon the Leased Property or suffer this Lease to be taken under <br />any writ of execution, then in any such event Tenant shall be in default hereunder, and Landlord, <br />in addition to other rights of remedies it may have, shall have the immediate right of re-entry and <br />may remove all personal property from the Leased Property and store it in a public warehouse or <br />elsewhere at Tenant's cost without service of notice or resort to legal process and without being <br />guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. <br />b. Landlord's Rights. Should Landlord elect to re-enter the Leased Property, as <br />herein provided, or should it take possession of the Leased Property pursuant to legal proceedings <br />or pursuant to any notice provided for by law, it may either terminate this Lease or it may from <br />time to time, without terminating this Lease, make such alterations and repairs as may be necessary <br />in order to relet the Leased Property, and relet the Leased Property or any part thereof upon such <br />term or terns (which may be for a term extending beyond the term of this Lease) and at such rental <br />or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem <br />advisable. Upon each such subletting all rentals received by Landlord from such reletting shall be <br />applied first to the payment of any indebtedness other than rent due hereunder from Tenant to <br />Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage <br />fees and attorney's fees and costs of such alterations and repairs; third, to the payment of the rent <br />due and unpaid payment of future rent as the same may become due and payable hereunder. If <br />such rentals received from such reletting during any month be less than that to be paid during that <br />9 <br />
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