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Agmt07 Daily Boost - Lease Agreement
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Agmt07 Daily Boost - Lease Agreement
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Last modified
7/7/2011 2:12:32 PM
Creation date
11/21/2007 11:38:35 AM
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Template:
Agreement
Contractor Name
Daily Boost LLC
PROJECT NAME
Daily Boost
RMP File Number
405
Date
11/19/2007
MO Ref
RD MO 07-014
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<br />payment of rent or other charges, Lessor's notice to terminate must state the <br />receivables due and must provide Lessee with 5 days to cure the breach. <br /> <br />31.4 If Lessee terminates this Agreement prior to the expiration of the current Lease <br />term, Lessee shall be responsible for rent for the remainder of the Lease term. <br /> <br />32. ABANDONMENT AND NOTICE <br />32.1 Lessee shall not vacant or abandon the Leased Premise at any time during the <br />term hereof; and if Lessee shall abandon, vacate or surrender the Leased <br />Premises, or be dispossessed by process of law or otherwise, it shall be a <br />material default under this Agreement. The term "abandoned" as used herein <br />means vacation of the Leased Premises by Lessee or any sublessee or assignee <br />of Lessee for a period of more than six (6) consecutive normal business days. <br /> <br />32.2 The Premises shall be deemed abandoned by the Lessee, within the meaning of <br />Civil Code Section 1951.2, and the lease shall terminate, if the Lessor gives <br />written notice of his or her belief of abandonment, as provided in Civil Code <br />Section 1951.3, and the Lessee fails to give the Lessor written notice, before the <br />date of termination specified in the Lessor's notice, stating that he or she does <br />not intend to abandon the real property, and stating an address at which the <br />Lessee may be served by certified mail in any action for unlawful detainer of the <br />Premises. <br /> <br />32.3 The Lessor's notice of belief of abandonment shall be personally delivered to the <br />Lessee, or sent by first class mail, postage prepaid, to the Lessee at his or her <br />last known address. If Lessor has any reason to believe that the notice sent to <br />that address will not be received by the Lessee, such notice shall also be sent to <br />such other address, if any, known to the Lessor where the Lessee may <br />reasonably be expected to receive the notice. <br /> <br />33. DEFAULTS BY LESSEE OR LESSOR <br />33.1 The occurrence of any of the following shall constitute a breach and material <br />default of this Agreement by Lessee: <br /> <br />a) <br /> <br />(b) <br /> <br />ATTY/AGR/2007.067 <br />103107 <br /> <br />The failure of Lessee to payor cause to be paid any rent, monies or other <br />charges due Lessor as set forth in this Agreement on or before the due <br />date for payment of any such amounts; <br /> <br />The failure of Lessee to maintain all insurance coverage as set forth in <br />Article 11. <br /> <br />(c) <br /> <br />The abandonment of the Premises by Lessee, which shall mean failure to <br />operate as set forth in this Agreement for six (6) consecutive days, except <br />by prior written notice by Lessee and with the written consent of Lessor; <br /> <br />(d) <br /> <br />Except as otherwise provided in this Agreement, the failure of Lessee to <br />do or cause to be done any act as set forth in this Agreement, if the <br />failure continues for fifteen days (15) consecutive days after notice has <br />been given to Lessee. However, Lessee shall not be in default of this <br />Agreement if Lessee commences to cure the default within said fifteen <br />(15) day period and diligently and in good faith continues to cure the <br /> <br />20 <br />
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