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AgdaPkt 2009-11-09
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AgdaPkt 2009-11-09
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Last modified
11/18/2009 12:04:15 PM
Creation date
11/5/2009 3:30:58 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
11/9/2009
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<br />6.1E <br />Page 24 <br /> <br />Lessor with 15 days to cure the breach. If the breach cannot be cured within 15 <br />days~ the Lessee shall notify the Lessor of the reasons why the breach cannot be <br />cured within the 15 day period, and shall propose a specific plan and schedule to <br />cure the breach. The cure proposed by the Lessee must be diligently pursued to <br />completion. <br /> <br />30.2 Opportunity to Cure Monetary Breach. If Lessee's breach involves the non- <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 />30.3 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 />31. ABANDONMENT AND NOTICE <br />31.1 Lessee shan 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 />31.2 The Premises shall be deemed abandoned by the Lessee, within the meaning of <br />Civil Code Section 1951.2, and the lease shan 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 un'awful detainer of the <br />Premises. <br /> <br />31.3 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 beHeve 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 />32. DEFAULTS BY LESSEE OR LESSOR <br />32.1 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 />(b) The failure of Lessee to maintain aU 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 />ATTY/AGR/2009.081 <br />110309 <br /> <br />Initials <br /> <br />Page 20 <br />
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