Ordinance 1818-91 - Laserfiche WebLink

perty, or for any other form of debtor relief, unless such peti- tion be filed against Lessee and if in good faith Lessee shall promptly thereafter commence and diligently prosecute any and all proceedings appropriate to secure the dismissal of such petition and shall secure such dismissal within 60 days after the date of filing or the commencement of such proceeding; or (v) if Lessee makes an assignment for the benefit of creditors; or (vi) if Lessee shall vacate or abandon the Leased Premises; or (vii) if Lessee defaults in the payment of any interest, principal or any other sum of money or in the performance of any of the other terms, covenants, conditions or agreements of any deed of trust or mortgage on Lessee's leasehold interest permitted hereunder, or (xix) Lessee defaults under that certain Lease by and between Lessee and City of even date herewith and such default is not remedied within ten (10) days, then and in any such case, at City's option and in addition to all other rights or remedies City may following the expiration of the cure period, if any provided herein for such default and subject to the provisions of Article XVII, immediately declare Lessee's rights under this Ground Lease terminated, and re-enter the Leased Premises, using such force as may be necessary, and repossesses itself thereof, as of its former estate, and remove all persons and property from the Leased Premises. Notwithstanding any such re-entry, the liability of Lessee for the additional rent provided for herein shall not be extinguished for the balance of the term of this Ground Lease and Lessee shall make good to City any deficiency arising from receipt by City of a lesser rental than that herein- before agreed upon. 12 .2 Waiver. Neither the acceptance of rental nor any other actions or omissions of City at any time or times after the happening of any event authorizing the cancellation or forfeiture of this Ground Lease, shall operate as a waiver of any past or future violation, breach or failure to keep or perform any covenant, agreement, term or condition hereof, or subject to the provisions of Article XVI, to deprive City of its right to cancel or forfeit this Ground Lease, upon the written notice provided for herein, at any time that cause for cancellation or forfeiture may exist, or be construed so as to at any future time estop City from promptly exercising any other option, right or remedy that it may have under any term or provision of this Ground Lease. 12 . 3 Waiver of Rights of Redemption. Lessee hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Lessee being evicted or dispossessed for any cause, or in the event of City obtaining possession of the Leased Premises, by reason of the violation of Lessee of any of the covenants or conditions of this Ground Lease, or otherwise. -9- D0T440 91/09/24