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Reso 1996-031 to 035
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Reso 1996-031 to 035
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1996
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30. DEFAULT <br />A. The occurrence of any of the following shall constitute a default by Lessee: <br />1. Failure to pay either minimum or percentage rent when due, if the <br />failure continues for three (3) days after notice has been given to Lessee. <br />2. Abandonment and vacation of the premises (failure to occupy and <br />operate the premises for ten (10) consecutive days shall be deemed an <br />abandonment and vacation). <br />3. Failure to perform any other provision of this lease if the failure to <br />perform is not cured within thirty (30) days after notice has been given <br />to Lessee. If the default cannot reasonably be cured within thirty (30) <br />days, Lessee shall not be in default of this lease if Lessee commences to <br />cure the default within the thirty (30) day period and diligently and in <br />good faith continues to cure the default. <br />B. Notices given under this Section shall specify the alleged default and the <br />applicable lease provisions, and shall demand that Lessee perform the <br />provisions of this lease or pay the rent that is in arrears, as the case may be, <br />within the applicable period of time, or quit the premises. No such notice shall <br />be deemed a forfeiture or a termination of this lease unless City so elects in the <br />notice. <br />C. City shall have the following remedies if Lessee commits a default. These <br />remedies are not exclusive; they are cumulative in addition to any remedies <br />now or later allowed by law. <br />D. City can continue this lease in full force and effect, and the lease will continue <br />in effect as long as City does not terminate Lessee's right to possession, and <br />City shall have the right to collect rent when due. During the period Lessee is <br />in default, City can enter the Premises and re -let them, or any part of them, to <br />third parties for Lessee's account. Lessee shall be liable immediately to City for <br />all costs City incurs in reletting the premises, including, without limitation, <br />brokers' commissions, expenses of remodeling the premises required by the <br />reletting, and like costs. Re -letting can be for a period shorter or longer than <br />the remaining term of this lease. Lessee shall pay to City the rent due under <br />this lease on the date the rent is due, less the rent City receives from any re - <br />letting. No act by City allowed by this Paragraph shall terminate this lease <br />unless City notifies Lessee that City elects to terminate this lease. After Lessee's <br />default and for as long as City does not terminate Lessee's right to possession <br />of the premises, if Lessee obtains City's consent, Lessee shall have the right to <br />assign or sublet its interest in this lease, but Lessee shall not be released from <br />liability. City's consent to a proposed assignment or subletting shall not be <br />unreasonably withheld, subject to the provisions of Section 28 relating to <br />"Assignment." <br />31 <br />
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