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AgdaPkt 2009-01-26 clsd and reg
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AgdaPkt 2009-01-26 clsd and reg
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Last modified
6/17/2009 9:16:48 AM
Creation date
1/22/2009 3:38:22 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
1/26/2009
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<br />Cf) The appointment of a trustee or receiver to take possession <br /> <br />of all or substantially all of Lessee's assets located at or 011 the Leased Premises or of <br /> <br />Lessee's interest in this Lease where possession is not restored to Lessee within Thirty <br /> <br />(30) days; or <br /> <br />(g) The attachment, execution, or other judicial seizure of all or <br /> <br />,substantiall y all of Lessee's assets located at or on the Leased Premises or of Lessee's <br /> <br />interest in this Lease, where such seizure is not discharged within thirty (30) days. <br /> <br />(h) Provided, however, in the event that any provision of tllis <br /> <br />Paragraph 12.01(d) is contrary to any applicable law, such provision shall be of no force <br /> <br />or effect. <br /> <br />12.02 Remedies. In the event of any such material default or breach by Lessee, <br /> <br />Lessor may at any time thereafter. with notice but without limiting Lessor in the exercise <br /> <br />of any right or remedy which Lessor may have by reason of such default or breach: <br /> <br />ea) Terminate Lessee's light to possession of the Leased Premises by <br /> <br />any lawful means, in which case this Lease shall terminate and Lessee shall immediately <br /> <br />surrender possession of the Leased Premises to Lessor. In such event, Lessor shall be <br /> <br />entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's <br /> <br />default, including, but not limited to, the cost of recovering possession of the Leased <br /> <br />Premises, expenses of reletting, including necessary renovation and alteration of tl1e <br /> <br />Leased Premises. reasonable attomeys' fees, the worth at the time of award by the court <br /> <br />having jurisdiction thereof of the amount by which the unpaid rent for the balance of the <br /> <br />tenn after the time of such award exceeds the amount of such rental loss for the same <br /> <br />period t113t Lessee proves could be reasonably avoided. <br /> <br />ATTYfAGRJ2008.044 Lease Agrecmelll T-Mobilc <br />121908 <br /> <br />23 <br /> <br />6.18 <br />Page 25 <br />
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