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Agenda - 06-01-1992
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Agenda - 06-01-1992
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BOCC
Date
6/1/1992
Meeting Type
Regular Meeting
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Agenda
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or devolve upon (by law or otherwise) one other than Tenant except as herein provided - -then, <br />in any one or more of such events, upon Landlord serving a written Notice upon Tenant <br />specifying the nature of such default and the period allowed to cure the default, if Tenant shall <br />have failed to comply with or remedy such default within such period, then this lease and other <br />term thereunder shall (at the option of Landlord) terminate and come to an end on the date <br />specified in such Notice (but such termination shall not serve to release or discharge the damages <br />Tenant owes to Landlord). Tenant shall thereupon quit and surrender the Demised Premises to <br />the Landlord as if the term hereunder ended by the expiration of the time originally fixed herein, <br />but Tenant shall remain liable as hereinafter provided. <br />17.2 N TI E <br />The written Notice required of Landlord under the preceding section shall provide for <br />ten (10) days of grace to cure a monetary default, or thirty (30) days to cure a non - monetary <br />default which can reasonably be cured in thirty (30) days; and for any non - monetary default not <br />curable in thirty (30) days, that Tenant shall commence to cure same within thirty (30) days and <br />thereafter proceed diligently and in good faith to complete the curing of said default as soon as <br />possible. <br />17.3 RIQHT OF RE -ENTRY <br />If the Notice provided shall have been given and the term shall expire as aforesaid, or <br />should Landlord elect not to terminate this lease, Landlord shall have the immediate right to re- <br />entry and may remove all persons and property from the Demised Premises and such property <br />may be removed and stored in a public warehouse or elsewhere at the cost of, and for the <br />account of Tenant, all without further service of Notice or resort to legal process (all of which <br />Tenant expressly waives) and without being deemed guilty of trespass, or becoming liable for <br />any loss or damage which may be occasioned thereby. Landlord shall have a lien for the <br />payment of all sums agreed to be paid by Tenant herein upon all Tenant's property, which is to <br />be in addition to any Landlord's lien now or that may thereafter be provided by law. <br />17.4 REMEDIES <br />Should Landlord elect to re -enter or should it take possession pursuant to legal <br />proceedings or pursuant to any Notice provided for by law, it may make such alterations and <br />repairs as may be necessary in order to relet the premises, and relet said premises or any part <br />thereof for such term or terms (which may be for a term extending beyond the term of this <br />lease) and at such rentals and upon such other terms and conditions as Landlord in its sole <br />discretion may deem advisable. Upon each such reletting, all rentals received by Landlord from <br />such reletting shall be applied, first, to the payment of any indebtedness other than rent due <br />hereunder from Tenant to Landlord; second, to the payment of any cost and expenses of such <br />reletting, including brokerage fees and attorney's fees, and of cost of such alterations and <br />repairs; third, to the payment of rent, due and unpaid hereunder, and the residue, if any, to <br />future rent as the same would have become due and payable hereunder. Landlord may <br />• <br />19 <br />
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