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Agmt08 Lulus
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Agmt08 Lulus
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Last modified
2/22/2010 9:10:05 AM
Creation date
5/29/2008 4:48:15 PM
Metadata
Fields
Template:
Agreement
Contractor Name
Nancy Radcliffe - Lulu's
PROJECT NAME
Lulu
RMP File Number
405
Date
5/21/2008
Reso Ref
RDA 08-06
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<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) 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 />Atty/Agr/2008.033 <br />050508 <br /> <br />(b) The failure of Lessee to maintain all insurance coverage as set forth in <br />Article 11. <br /> <br />(c) 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) 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 />default to the satisfaction of the Lessor; <br /> <br />(e) Lessee causing, permitting or suffering, without the prior written consent <br />of Lessor, any act when this Agreement requires Lessor's prior written <br />consent or prohibits such act; or <br /> <br />(f) Any act of bankruptcy caused, suffered or permitted by Lessee. For the <br />purposes of this Agreement, "act of bankruptcy" shall include any of the <br />following: <br /> <br />1. <br /> <br />Any general assignment or general arrangement for the benefit of <br />creditors; <br /> <br />The filing of any petition by or against Lessee to have Lessee <br />adjudged a bankrupt or a petition for reorganization or <br />arrangement under any law relating to bankruptcy, unless such <br />petition Is filed against Lessee and the same Is dismissed within <br />sixty (60) days; <br /> <br />2. <br /> <br />3. <br /> <br />The appointment of a trustee or receiver to take possession of <br />substantially all of Lessee's assets located in the Premises or of <br />Lessee's interest in this Agreement; or <br /> <br />4. <br /> <br />The attachment, execution or other judicial seizure of substantially <br /> <br />19 <br />
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