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Loan Agmt 135 Parrott Street - Slice House 04152021
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Loan Agmt 135 Parrott Street - Slice House 04152021
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5/18/2021 2:06:03 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
4/12/2021
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C-2 <br /> <br /> 1.4 MANNER OF PAYMENT. All payments on this Note shall be made to City at <br />835 East 14th Street, San Leandro, CA 94577 or such other place as City shall designate <br />to Tenant in writing, or by wire transfer of immediately available funds to an account <br />designated by City in writing. <br /> <br />2. DEFAULTS <br />2.1 EVENTS OF DEFAULT. The occurrence of any one or more of the following <br />events shall constitute an event of default hereunder ("Event of Default"): <br />(a) Tenant removes the Improvements from the Premises. <br />(b) Tenant fails to maintain the Improvements and the Premises in good <br />condition and repair in violation of Section 4.3 of the Loan Agreement and Tenant fails to <br />cure such default within 30 days following written notice from City. <br />(c) Tenant fails to maintain insurance as required pursuant to the Loan <br />Documents, and Tenant fails to cure such default within fifteen (15) days. <br />(d) A Transfer in violation of Section 1.4(b) of the Loan Agreement. <br />(e) Any representation or warranty contained in this Agreement or any <br />certificate furnished in connection with the Loan or in connection with any request for <br />disbursement of Loan Proceeds proves to have been false or misleading in any material <br />adverse respect when made. <br />(f) Tenant defaults in the performance of any term, provision, covenant or <br />agreement (other than an obligation enumerated in this Section 2 contained in this Note or <br />in any other Loan Document, and unless such document specifies a shorter cure period for <br />such default, the default continues for ten (10) days in the event of a monetary default or <br />thirty (30) days in the event of a nonmonetary default after the date upon which City shall <br />have given written notice of the default to Tenant (or such longer time as City may agree <br />upon in writing), provided that in each case Tenant commences to cure the default within <br />thirty (30) days and thereafter prosecutes the curing of such default with due diligence and <br />in good faith. <br />(g) If an Event of Default shall have been declared under any other Loan <br />Document, subject to the expiration of any applicable cure period set forth in such <br />documents. <br />2.2 REMEDIES. Upon the occurrence of an Event of Default hereunder, City <br />may, at its option (i) by written notice to Tenant, declare the entire unpaid principal balance <br />of this Note, together with all accrued interest thereon and all sums due hereunder, <br />immediately due and payable regardless of any prior forbearance, (ii) exercise any and all <br />rights and remedies available to it under applicable law, and (iii) exercise any and all rights <br />and remedies available to City under this Note and the other Loan Documents. Tenant <br />shall pay all reasonable costs and expenses incurred by or on behalf of City including, <br />without limitation, reasonable attorneys' fees, incurred in connection with City's <br />enforcement of this Note and the exercise of any or all of its rights and remedies hereunder. <br />DocuSign Envelope ID: ACE7FE70-EFEF-4CC1-BCEF-41A2C1B71328
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