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2001-177-RES APPROVING/AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH STAR-NET ONLINE SYSTEMS
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2001-177-RES APPROVING/AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH STAR-NET ONLINE SYSTEMS
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8/18/2006 4:29:22 PM
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1/10/2002 5:28:13 PM
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CITY CLERK
Doc Name
2001
Doc Type
Resolution
CITY CLERK - Date
11/12/2001
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<br />condition of this Lease and does not cure such other default within thirty (30) days after <br />written notice from Landlord specifying the default complained of; or if Tenant abandons or <br />vacates the Premises; or if Tenant is adjudicated as bankrupt or makes any assignment for <br />the benefit of creditors; or if Tenant becomes insolvent or Landlord reasonably believes itself <br />to be insecure. <br /> <br />b. In the event of a default, Landlord shall have the right, at its option, in addition to and <br />not exclusive of any other remedy Landlord may have by operation of law or under this <br />Lease, without any further demand or notice, to re-enter the Premises and eject all persons <br />therefrom, and either (a) declare this Lease at an end, in which event Tenant shall <br />immediately remove the Antennae Facilities and pay Landlord a sum of money equal to an <br />amount necessary to compensate Landlord for all detriment proximately caused by Tenant's <br />failure to perform its obligations under the Lease, or (b) without terminating this Lease, relet <br />the Premises, or any part thereof, for the account of Tenant upon such terms and conditions <br />as Landlord may deem advisable, and any monies received from such reletting shall be <br />applied first to the expenses of such reletting and collection, including reasonable attorneys' <br />fees, any real estate commissions paid, and thereafter toward payment of all sums due or to <br />become due to Landlord hereunder, and if a sufficient sum shall not be thus realized to pay <br />such sums and other charges, Tenant shall pay Landlord any deficiency monthly, <br />notwithstanding that Landlord may have received rental in excess of the rental stipulated in <br />this Lease in previous or subsequent months, and Landlord may bring an action therefor as <br />such monthly deficiency shall arise. <br /> <br />c. No re-entry and taking of possession of the Premises by Landlord shall be construed <br />as an election on Landlord's part to terminate this Lease, regardless of the extent of <br />renovations and alterations by Landlord, unless a written notice of such intention is given to <br />Tenant by Landlord. Notwithstanding anyreletting without termination, Landlord may at any <br />time thereafter elect to terminate this Lease for such previous breach. <br /> <br />d. If suit shall be brought by Landlord for recovery of possession of the Premises, for <br />the recovery of any rent or any other amount due under the provisions of this Lease, or <br />because of the breach of any other covenant, the Tenant shall pay to the Landlord all <br />expenses incurred therefor, including reasonable attorney fees. <br /> <br />16. CURE BY LANDLORD. In the event of any default of this Lease by Tenant, the Landlord may <br />at any time, after notice, cure the default for the account of and at the expense of the Tenant. If <br />Landlord is compelled to payor elects to pay any sum of money or to do any act which will require <br />the payment of any sum of money or is compelled to incur any expense, including reasonable <br />attorney fees in instituting, prosecuting or defending any action to enforce the Landlord's rights under <br />this Agreement, the sums so paid by Landlord, with all interest, costs, and damages shall be deemed <br />to be Base Rent and shall be due from the Tenant to Landlord on the first day of the month following <br />the incurring of the respective expenses. <br /> <br />Page 7 of 18 <br />
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