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RDA Agmt 1997 Batarse Family Trust etc
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RDA Agmt 1997 Batarse Family Trust etc
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/7/1997
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RDA Agmt 1996 Batarse Family Trust etc
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\City Clerk\City Council\Agreements\1996
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• <br /> 10.2 Notice and Right to Cure. As a precondition to pursuing any remedy for <br /> an alleged default by Tenant, Landlord shall, before pursuing any remedy, give notice <br /> of default to Tenant stating that the notice was for the purpose of notice under this <br /> provision. Each notice of default shall specify in detail the alleged event of default <br /> and the intended remedy. <br /> 10.3 Tenant's Right to Cure Default: Notice of Default. If the default is for <br /> non - payment of taxes or other sums to be paid by Tenant hereunder, Tenant shall <br /> have ten (10) days after written notice is given Tenant to cure the default. For the <br /> cure of any other default, Tenant shall have thirty (30) days after written notice of <br /> default is given as provided herein to commence curing the default and ninety (90) <br /> days to complete curing of such default, and such time may be extended by option of <br /> Landlord. <br /> 10.4 Landlord's Remedies. If any default by Tenant shall continue uncured <br /> • following notice of default as required by this Lease, for the period applicable to the <br /> default under the applicable provisions of this Lease, Landlord shall have the <br /> remedies set forth in Sections 10.4.1 through 10.4.3 in addition to all other rights <br /> and remedies provided by law or equity to which Landlord may resort cumulatively <br /> or in the alternative. <br /> 10.4.1 Termination. Landlord may, at Landlord's election, terminate <br /> this Lease by giving Tenant notice of termination. On the giving of the notice, all <br /> Tenant's rights in the Premises and in all improvements shall terminate. Promptly <br /> after notice of termination, Tenant shall surrender and vacate the Premises and <br /> Landlord may re -enter and take possession of the Premises and all remaining <br /> improvements and eject all parties in possession or eject some and not others or eject <br /> none. Termination under this Section 10.4.1 shall not relieve Tenant from the <br /> payment of any sum then due to Landlord or from any claim for damages previously <br /> accrued or then accruing against Tenant. <br /> 10.4.2 Re -entry Without Termination. Landlord may, at Landlord's <br /> election, re -enter the Premises and, without terminating this Lease, at any time and <br /> from time to time relet the Premises and improvements or any part or parts of them <br /> for the account and in the name of Tenant or otherwise. Landlord may, at Landlord's <br /> election eject all persons or eject some and not others or eject. none. <br /> 10.4.3 Tenant's Personal Property. Landlord may, at Landlord's <br /> election, use Tenant's personal property and trade fixtures or any of such property <br /> Automall Read Board Sign - Ground Lease <br /> Final 5/07/97 Page 17 of 22 <br />
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