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Resolution 3399
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Resolution 3399
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Resolutions
Resolution Number
3399
Date
11/21/1990
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0RS462 <br /> dismissal within 60 days after the date of filing or the <br /> commencement of such proceeding; or (iv) if City makes an <br /> assignment for the benefit of creditors, then and in any such <br /> case, at Lessor's option and in addition to all other rights or <br /> remedies Lessor may, following the expiration of the cure period, <br /> if any, provided herein for such default, immediately declare <br /> City's rights under this Lease terminated, and re-enter the <br /> Leased Premises, using such force as may be necessary, and <br /> repossesses itself thereof, as of its former estate, and remove <br /> all persons and property from the Leased Premises. Notwith- <br /> standing any such re-entry, the liability of City for the Lease <br /> Payments at such times and in such amounts provided for herein by <br /> Exhibit B-1 shall not be extinguished for the balance of the term <br /> of this Lease and City shall make good to Lessor any deficiency <br /> arising from receipt by Lessor of a lesser rental than that <br /> hereinbefore agreed upon. All rental income received by Lessee <br /> for the Improvements pursuant to section 17. 2 hereof in such <br /> event shall be credited against the Lease Payments obligations of <br /> the City. Upon receipt by Lessee of all Lease Payments (whether <br /> from payments by the City or credits of payments from lessees <br /> other than the City) , this Lease shall terminate. <br /> 18 . 2 Litigation Expenses. In the event Lessor is required <br /> to bring any action for the enforcement of any of the covenants, <br /> terms and conditions of this Lease, and shall be successful in <br /> such action, City shall, in addition to all other payments <br /> required herein, pay all the costs of any actions brought by <br /> Lessor including reasonable attorneys' fees. <br /> 18. 3 Waiver. Neither the acceptance of Lease Payments nor <br /> any other actions or omissions of Lessor at any time or times <br /> after the happening of any event authorizing the cancellation or <br /> forfeiture of this Lease, shall operate as a waiver of any past <br /> or future violation, breach or failure to keep or perform any <br /> covenant, agreement, term or condition hereof, or deprive Lessor <br /> of its right to cancel or forfeit this Lease, upon the written <br /> notice provided for herein, at any time that cause for <br /> cancellation or forfeiture may exist, or be construed so as to at <br /> any future time estop Lessor from promptly exercising any other <br /> option, right or remedy that it may have under any term or <br /> provision of this Lease. <br /> 18. 4 Force Majeure. If by reason of force maieure the City <br /> is unable in whole or in part to carry out its obligations under <br /> this Lease with respect to the Improvements, other than its <br /> obligation to pay Lease Payments with respect thereto, the City <br /> shall not be deemed in default during the continuance of such <br /> inability, provided notice thereof is given to the Lessor. The <br /> term "force majeure" as used herein means, without limitation, <br /> the following: acts of God; strikes, lockouts or other <br /> industrial disturbances; acts of public enemies; orders or <br /> restraints of any kind of the government of the United States of <br /> B-17 <br />
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