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Agenda - 05-20-2008-4s
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Agenda - 05-20-2008-4s
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8/29/2008 8:59:18 PM
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8/28/2008 10:16:22 AM
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BOCC
Date
5/20/2008
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Agenda
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4s
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Minutes - 20080520
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\Board of County Commissioners\Minutes - Approved\2000's\2008
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-8 <br />Landlord agrees that, except as set forth in this Paragraph <br />10 of this Lease.,, it will not sell., convey, mort;gage,: encumber or <br />ot.herwis,e.dispose.of any part cif the Premise during the: Leas e. <br />Term as provided in Paragraph 2 of this Lease. <br />c. Tenant, may from time to time; in its sole di-scretlori' <br />and at its own expense, inst-all machinery and equipment in t.he: <br />structures or otherwise on the Premises. All machinery and <br />equipment so instal.-led by Tenant shall remain the sole property <br />of Tenana. Tt may be modified or removed at any time while <br />Tenant is not in default hereunder ,and shall not be subject to <br />lien :but all such machinery and equipment shall be subject to any <br />landlord:'s lien allowed by law. Provided, however, Tenant shall <br />promptly make; at its sol..e expense, .any and all repairs to the <br />Premises or to tYie structures on the Premises necessitated by the <br />removal by Tenant of 'any such machinery and equipment; The nee<3 <br />for. repairs shall,be those reasonably determined to be necessary <br />by Landlord, Tenant shall notify Landlord upon the removal of " <br />any such~machriery :arid equipment to enable Landlord to inspect, <br />the Premises to imake a determination of the repairs; if any, to <br />be made to the .Premises:. Nothing conta.n'.ed in this Paragraph <br />shall prevent Tenant from purchasing machinery and. equzpirient on <br />candit`a:onal sa~:e contract or lease sale contract; or subject to <br />vendor's lien or purchase money mortgage; as security for the <br />unpaid portion of the purchase price thereof, and each such <br />conditional sale contract, lease sale con r.act, vendor's lien and <br />purchase mpney mgrtgage made by Tenant with respect to machinery <br />and equipment purchased kiy it under. the provisions. of this <br />Paragraph shall, if appropriate financing statements are duly <br />filed for record in the manner :and places required by the North <br />Caraln.a Uniform Commercial Code simultaneously with or prior to <br />the.installatiori at the. Premises o€ the machinery and equipment <br />covered thereby; be prior and superior to any landlord`s lien., <br />Tenant. agrees to pay as due the purchase price of .and all. costs <br />and expenses with respect to the acquisition and installation of <br />any machinery and equipment installed by it pursuant to this <br />Paragraph, <br />11. Events of Default and Remedies. <br />` a. The .following shall be "events of default." under <br />this Lease and the terms "-event of defaul-t" or "default" shall <br />mean, whenever they are used. in this Lease, any one or more of <br />the following events:. <br />(i) Failure by Tenant to pay the. rents required <br />to be paid at the times specified and (l) continuation of said <br />failure for a perioel of five days after notice b}r mail given to <br />it by Landlord that the rent referred to iri such notice has .not <br />been received or (2) continuation of said failure for a period of <br />fifteen. days. . <br />tii) Failure by Tenant to observe anal perform any <br />covenant, condition or agreement on its: part to be observed or <br />performed, other: than as referred to in subsection l) of tl-iis <br />19 <br />
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