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Reso 1998-026 to 030
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Reso 1998-026 to 030
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1998
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A. Tenant's Obligation to Meet Milestone Dates. Attached to this Lease as <br />Exhibit B is a list of dates (the "Milestone Dates") and corresponding descriptions of the <br />events (the "Milestone Events") to have been achieved by Tenant by each of such dates. In <br />the event that Tenant has not achieved a particular Milestone Event by the corresponding <br />Milestone Date therefor, then this Lease and the Development Agreement may be terminated <br />by Landlord's delivery of written notice to Tenant at any time after such date and before <br />Tenant's achievement of the Milestone Event in question, subject to the force majeure <br />provisions of Section 22.11. For purposes of this Section 2.2(A), commencement of <br />construction shall mean that all building permits and other necessary approvals required <br />under Applicable Laws for the construction of the Improvements shall have been issued and <br />Tenant shall have actually commenced grading and excavation work on the Premises and <br />thereafter diligently proceeds to Substantial Completion. Notwithstanding the foregoing, if <br />(i) Tenant's failure to commence construction of the Improvements by the Milestone Date <br />therefor is due to a delay in Tenant's receipt of all necessary permits, licenses and other <br />approvals and (ii) Tenant has at all times proceeded, and continues to proceed, with due <br />diligence in its efforts to obtain all necessary permits, licenses and approvals, then Landlord <br />shall not have the right to terminate this Lease and the Development Agreement under this <br />Section 2.2(A) unless Tenant has not commenced construction of the Improvements by the <br />date that is three (3) months following the Milestone Date for commencement of construction <br />set forth on Exhibit B. <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 10 <br />2574001\313983.8 <br />
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