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Agenda - 10-04-1993 - VIII-C
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Agenda - 10-04-1993 - VIII-C
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2/6/2017 4:34:13 PM
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BOCC
Date
10/4/1993
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
VIII-C
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4 <br /> time be filed against Tenant' s interest in the Premises; 7ia <br /> shall either cause the same to be discharged of record. 4wijjtr <br /> twenty (20) days after the date of filing of the same, or, if <br /> Tenant, in Tenant' s discretion and in good faith, determines that <br /> such lien should be contested, shall furnish such security as may <br /> be necessary or required to prevent any foreclosure proceeding <br /> against Tenant' s interest in the Premises during the pendency of <br /> such contest . If such security, then, in addition to any other <br /> right or remedy of Landlord resulting from Tenant' s said default, <br /> Landlord may, but shall not be obligated to, discharge the same <br /> either by paying the amount claimed to be due or by procuring the <br /> discharge of such lien by giving security or in such other manner <br /> as is , or may be, prescribed by law. Nothing contained herein <br /> shall imply any consent or agreement on the part of Landlord to <br /> subject Landlord' s estate to liability under mechanics' or other <br /> lien law. <br /> Tenant agrees to indemnify, hold Landlord harmless from, and <br /> defend Landlord against any liability, loss, damage, cost, <br /> attorney' s fees and all related expenses arising out of mechanics' <br /> 2f liens or related claims of laborers or materialmen or others for <br /> work performed or materials or supplied furnished for Tenant, or <br /> persons claiming under Tenant, or to the Premises in the course of <br /> any work undertaken by Tenant pursuant to this Lease . <br /> 25 . ACCORD AND SATISFACTION. No payment by Tenant or receipt <br /> by Landlord of any amount less than is due hereunder shall be <br /> deemed to be other than payment towards or on account of the <br /> earliest portion of the amount then due, nor shall any endorsement <br /> or statement on any check or payment (or in any letter accompanying <br /> any check or payment) be deemed an "accord and satisfaction" (or <br /> payment in full), and Landlord may accept such check or payment <br /> without prejudice to Landlord' s right to recover the balance of <br /> such amount or pursue any other remedy provided herein . <br /> 26 . REMEDIES CUMULATIVE -- NONWAIVER. No remedy herein or <br /> otherwise conferred upon or reserved to Landlord or Tenant shall be <br /> considered exclusive of any other remedy, but the same shall be <br /> distinct, separate and cumulative and shall be in addition to every <br /> other remedy given hereunder, or now or hereafter existing at law <br /> or in equity or by statute, and every power and remedy given by <br /> this Lease to Landlord or Tenant may be exercised from time to time <br /> as often as occasion may arise, or as may be deemed expedient . No <br /> delay or omission of Landlord or Tenant to exercise any right or <br /> power arising from any default on the part of the other shall <br /> impair any such right or power, or shall be construed to be a <br /> waiver of any such default or an acquiescence thereto . No <br /> provision of this Lease shall be deemed to have been waived by <br /> Landlord unless such waiver shall be in writing and is signed by <br /> Landlord and the acceptance of rent by Landlord shall not be deemed <br /> a waiver. <br />
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