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10C Action Items 2017 1218
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10C Action Items 2017 1218
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12/13/2017 11:33:37 AM
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12/13/2017 11:33:35 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
12/18/2017
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Reso 2017-180
(Reference)
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\City Clerk\City Council\Resolutions\2017
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<br />environment arising out of or resulting from Consultant’s performance under this <br />agreement. <br /> <br />K. The policy(ies) will not be canceled nor the above coverages/endorsements reduced <br />without 30 days written notice to East Bay Municipal Utility District at the address <br />above. <br />L. The policy(ies) shall maintain the minimum coverage, terms and conditions as referenced <br />in this Section, and pursuant to any and all requirements outlined in this <br />Agreement/Lease. Without waiving any of the requirements of the Lease, Lessee shall <br />not make any reductions in scope or limits of coverage that may affect Lessor’s <br />protection without the Lessor’s prior written consent. <br /> <br />23. DEFAULT <br />It is understood and agreed that if Lessee fails to pay any installment of Consideration as it <br />becomes due, or if Lessee defaults on any of the other covenants, agreements or terms of this <br />Lease, and if upon receipt of ten (10) days’ written notice in the case of a monetary default, or <br />thirty (30) days’ written notice in the case of a non-monetary default, Lessee shall fail or refuse <br />to correct the default, Lessor at its option may re-enter the Premises and remove all <br />improvements therefrom, and may terminate this Lease or take possession of the Premises as the <br />agent and for the account of Lessee, and may lease or rent the whole, or any part of the Premises <br />for the balance or any part of the Term of this Lease and retain all Consideration received and <br />apply them in payment on any Consideration owed by Lessee. The performance of any or all of <br />these acts by Lessor shall not release Lessee from the full and strict compliance with all of the <br />terms, conditions and covenants of this Lease. If the nature of Lessee’s default is such that more <br />than thirty (30) days are reasonably required to cure the default, then Lessee shall not be in <br />default if Lessee commences the cure within this thirty (30) day period and thereafter diligently <br />prosecutes such cure to completion. <br />24. WAIVER <br />The waiver by Lessor of any breach of any term, covenant, or condition of this Lease shall not be <br />deemed to be a waiver of the term, covenant, or condition or any subsequent breach of the same <br />or any other term, covenant, or condition. Lessor’s subsequent acceptance of Consideration shall <br />not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant, or <br />condition of this Lease, other than failure of Lessee to pay the particular Consideration so <br />accepted, regardless of Lessor’s knowledge of such preceding breach at the time of acceptance of <br />the Consideration. <br />25. REMEDIES <br />545
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