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Agmt22 City County Land Swap Leaseback Agrmt
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Agmt22 City County Land Swap Leaseback Agrmt
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Last modified
4/26/2022 12:31:20 PM
Creation date
4/26/2022 12:30:02 PM
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Agreement
Contractor Name
City County Land Swap
RMP File Number
304.5
Date
2/3/2022
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occurrence of any of the following events shall, at Landlord's option, constitute an "Event of <br />Default:" <br />14.1.1 Abandonment of or vacating the Premises for a period of thirty (30) <br />consecutive days; <br />14.1.2 Failure to pay Rent or other sums on the date when due and the failure <br />continuing for a period of ten (10) days after such payment is due; <br />14.1.3 Failure to perform Tenant's covenants and obligations hereunder <br />(except default in the payment of Rent) where such failure continues for a period of thirty (30) <br />days; or <br />14.1.4 The making of a general assignment by Tenant for the benefit of <br />creditors; the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any <br />of Tenant's creditors seeking the rehabilitation, liquidation or reorganization of Tenant under any <br />Laws relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary <br />action, the failure to remove or discharge the same within sixty (60) days of such filing; the <br />appointment of a receiver or other custodian to take possession of substantially all of Tenant's <br />assets or this leasehold; Tenant's insolvency or inability to pay Tenant's debts or failure generally <br />to pay Tenant's debts when due; any court entering a decree or order directing the winding up or <br />liquidation of Tenant or of substantially all of Tenant's assets; Tenant taking any action toward the <br />dissolution or winding up of Tenant's affairs; the cessation or suspension of Tenant's use of the <br />Premises; or the attachment, execution or other judicial seizure of substantially all of Tenant's <br />assets or this leasehold. <br />14.2 Remedies. <br />14.2.1 Termination. In the event of the occurrence of any Event of Default, <br />Landlord shall have the right to give a written termination notice to Tenant and, on the date <br />specified in such notice (which date shall be at least three (3) business days following the date of <br />delivery of such notice), this Lease shall terminate unless on or before such date all arrears of <br />Rent and all other sums payable by Tenant under this Lease and all costs and expenses incurred <br />by or on behalf of Landlord hereunder shall have been paid by Tenant and all other Events of <br />Default at the time existing shall have been fully remedied to the satisfaction of Landlord. <br />(a) Repossession. Following termination, without prejudice to other <br />remedies Landlord may have, Landlord may (i) peaceably re-enter the Premises upon voluntary <br />surrender by Tenant or remove Tenant therefrom and any other persons occupying the Premises, <br />using such legal proceedings as may be available; (ii) repossess the Premises or relet the <br />Premises or any part thereof for such term (which may be for a term extending beyond the Term), <br />at such rental and upon such other terms and conditions as Landlord in Landlord's sole discretion <br />shall determine, with the right to make reasonable alterations and repairs to the Premises; and <br />(iii) remove all personal property therefrom. <br />(b) Unpaid Rent. Landlord shall have all the rights and remedies of a <br />landlord provided by applicable Laws, including the right to recover from Tenant: (a) the worth, at <br />the time of award, of the unpaid Rent that had been earned at the time of termination, (b) the <br />REV: 01-21-2022 SK 12 <br />ATTY/AGR.2022.010.2/City- County Land Swap (Page 18 of 34) <br />
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