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Agmt05 Bay Area Legal Aid
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Agmt05 Bay Area Legal Aid
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Last modified
7/5/2005 2:29:43 PM
Creation date
4/25/2005 10:15:49 AM
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Template:
Agreement
Contractor Name
Bay Area Legal Aid
PROJECT NAME
707 Bradford Street - lease agreement
RMP File Number
405
Date
2/28/2005
MO Ref
RD-05-05
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<br />17.2.6 Upon the occurrence and during the continuance of an Event <br />of Default hereunder, Landlord may, at any time without notice, either in person, by agent <br />or by a receiver appointed by a court, and without regard to the adequacy of any security <br />for the obligations hereby secured, in its own name sue for or otherwise collect such rents <br />(including those past due and unpaid, and all prepaid rents and all other monies which may <br />have been or may hereafter be deposited with Tenant by any sublessee or subtenant of <br />Tenant to secure the payment of any rent or other obligations owing under its sublease, <br />and Tenant agrees that, upon the occurrence and during the continuance of any Event of <br />Default hereunder, Tenant shall promptly deliver all such rents and monies to Landlord), <br />and Landlord shall apply the same, less costs and expenses of operation and collection <br />(including, without limitation, reasonable attorneys' fees whether or not suit is brought or <br />prosecuted to judgment) to any rent or obligation of Tenant which is then owing, and in <br />such order as Landlord may determine. The collection of such rents, or the application <br />thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or <br />invalidate any act done in response to such default or pursuant to such notice of default or <br />be deemed or construed to make Landlord such subtenant's Landlord. <br /> <br />17.2.7 The receipt by Landlord of the rents or any other charges due <br />to Landlord, with knowledge of any breach of this Lease by Tenant or of any default on the <br />part of Tenant in the observance or performance of any of the conditions or covenants of <br />this Lease, shall not be deemed to be a waiver of any provisions of this Lease. No <br />acceptance by Landlord of a lesser sum than the rents or any other charges then due shall <br />be deemed to be other than on account of the earliest installment of the rents or other <br />charges due, nor shall any endorsement or statement on any check or any letter <br />accompanying any check or payment of rent or charges due be deemed an accord and <br />satisfaction, and Landlord may accept such check or payment without prejudice to <br />Landlord's right to recover the balance of such installment or pursue any other remedy <br />provided in this Lease. The receipt by Landlord of any rent or any other sum of money or <br />any other consideration paid by Tenant after the termination of this Lease, or after giving <br />by Landlord of any notice hereunder to effect such termination, shall not, except as <br />otherwise expressly set forth in this Lease, reinstate, continue, or extend the Term of this <br />Lease, or destroy, or in any manner impair the efficacy of any such notice of termination <br />as may have been given hereunder by Landlord to Tenant prior to the receipt of any such <br />sum of money or other consideration, unless so agreed to in writing and signed by <br />Landlord. Neither acceptance of the keys nor any other act or thing done by Landlord or <br />by its agents or employees during the Term shall be deemed to be an acceptance of a <br />surrender of the Premises, excepting only an agreement in writing signed by Landlord <br />accepting or agreeing to accept such a surrender. <br /> <br />17.2.8 Notwithstanding the foregoing, nothing contained in this Article <br />shall be construed to limit Landlord's right to indemnification as otherwise provided in this <br />Lease. <br /> <br />16 <br /> <br />,-",......-.. ---""T'-' ' <br />
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