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AgdaPkt 2005-04-25
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AgdaPkt 2005-04-25
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Last modified
7/5/2005 3:01:42 PM
Creation date
4/21/2005 4:08:31 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
4/25/2005
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<br />the benefit of creditors, or any action taken or suffered by the defaulting Party under any <br />insolvency, bankruptcy, reorganization, moratorium or other debtor relief act or statute, whether <br />now existing or hereafter amended or enacted, if any such receiver, assignment or action is not <br />released, discharged, dismissed or vacated with sixty (60) days. <br /> <br />15.2 Upon the occurrence of an Event of Default by the City, the County shall have the <br />following remedies, which shall not be exclusive but shall be cumulative and shall be in addition <br />to any other remedies now or hereafter allowed by law or in equity: <br /> <br />15.2.1 The County may terminate the City's right to possession of the <br />Courthouse Square at any time by written notice to the City. No other act of the County, <br />in the absence of such written notice, shall constitute an acceptance of the City's <br />surrender of the Courthouse Square or constitute a termination of this Cooperative <br />Agreement. <br /> <br />15.2.2 Upon such termination in writing, the County shall be entitled to recover <br />possession of the Courthouse Square and to recover damages from the City for (i) the <br />reasonable costs of recovering possession of the Courthouse Square, (ii) the reasonable <br />cost of removing the City's personal property from the Courthouse Square, and (iii) such <br />other amounts in addition to or in lieu of the foregoing as permitted from time to time by <br />applicable law, including without limitation any other amount necessary to compensate <br />the County for the detriment proximately caused by the City's failure to perform its <br />obligations under this Cooperative Agreement which in the ordinary course of things <br />would be likely to result therefrom. <br /> <br />15.2.3 The County may require the City to remove any and all alterations from <br />the Courthouse Square, or, if City fails to do so within ten (10) days after the County's <br />request, the County may do so at the City's expense. <br /> <br />15.2.4 The City hereby waives, for itself and all other persons claiming by and <br />under the City, all rights and privileges which it might have under any present or future <br />legal requirement to redeem the premises or to continue this Cooperative Agreement after <br />being dispossessed or ejected from the Courthouse Square. <br /> <br />15.2.5 If the City defaults in the performance of any of its obligations under this <br />Cooperative Agreement, then the County may, at its sole discretion, remedy such default <br />for the City's account and at the City's expense by providing the City with three (3) days <br />prior written notice of the County's intention to cure such default (except that no such <br />prior notice shall be required in the event of an emergency as reasonably determined by <br />the County). Such action by the County shall not be construed as a waiver of such <br />default or any rights or remedies of the County, and nothing herein shall imply any duty <br />of the County to do any act that the City is obligated to perform. The City shall pay to <br />the County on demand all costs, damages, expenses, or liabilities incurred by the County <br />in remedying or attempting to remedy such default. The City's obligations under this <br />Section shall survive the termination of this Cooperative Agreement. <br /> <br />REDW\0007\DOC\001-12 DRAFT 12 <br />4/22/053:45/md <br /> <br />13 <br />
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