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Agmt 2017 BAL Theater/San Leandro Curtain Call Performing Arts Loan Agreement
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Agmt 2017 BAL Theater/San Leandro Curtain Call Performing Arts Loan Agreement
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Last modified
3/9/2018 4:24:10 PM
Creation date
3/9/2018 4:10:38 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
12/19/2017
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PERM
Document Relationships
Reso 2017-150A
(Approved by)
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\City Clerk\City Council\Resolutions\2017
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ARTICLE VI <br /> REMEDIES <br /> 6.1 REMEDIES AND RIGHTS UPON DEFAULT. Upon the occurrence of an <br /> Event of Default and the expiration of any applicable cure period, City shall have all <br /> remedies available to it under law or equity, including, but not limited to the following, and <br /> City may, at its election, without notice to or demand upon Operator, except for notices or <br /> demands required by law or expressly required pursuant to the Loan Documents, exercise <br /> one or more of the following remedies: <br /> a) Accelerate and declare the balance of the Note and interest accrued thereon <br /> immediately due and payable; <br /> b) Seek specific performance to enforce the terms of the Loan Documents; <br /> c) Pursue any and all other remedies available under law to enforce the terms of <br /> the Loan Documents and City's rights thereunder. <br /> 6.2 REMEDIES CUMULATIVE. Each of the remedies provided herein is <br /> cumulative and not exclusive of, and shall not prejudice any other remedy provided in any <br /> other Loan Document. The City may exercise from time to time any rights and remedies <br /> available to it under applicable law, in addition to, and not in lieu of, any rights and <br /> remedies expressly granted in this Agreement or in any other instrument or notice, demand <br /> or legal process of any kind. <br /> ARTICLE VII <br /> MISCELLANEOUS <br /> 7.1 NOTICES. Except as otherwise specified in this Agreement, all notices to be <br /> sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their <br /> respective addresses specified below or to such other address as a Party may designate by <br /> written notice delivered to the other Party in accordance with this Section. All such notices <br /> shall be sent by: <br /> (a) personal delivery, in which case notice shall be deemed delivered upon <br /> receipt; <br /> (b) certified or registered mail, return receipt requested, in which case notice <br /> shall be deemed delivered two (2) business days after deposit, postage prepaid in the <br /> United States mail; <br /> (c) nationally recognized overnight courier, in which case notice shall be <br /> deemed delivered one (1) day after deposit with such courier: <br /> (d) facsimile transmission, in which case notice shall be deemed delivered on <br /> transmittal, provided that a transmission report is generated reflecting the accurate <br /> transmission thereof. <br />
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