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AgdaPkt 2010-03-08
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AgdaPkt 2010-03-08
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Last modified
3/18/2010 2:43:38 PM
Creation date
3/4/2010 1:12:34 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
3/8/2010
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<br />6.1E <br />Page 23 <br /> <br />(f) Any act of bankruptcy caused, suffered or permitted by Lessee. For the <br />purposes of this Agreement, lIact of bankruptcy" shall include any of the <br />following: <br /> <br />1. Any general assignment or general arrangement for the benefit of <br />creditors; <br /> <br />2. 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 />3. 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. The attachment, execution or other judicial seizure of substantially <br />all of Lessee's assets located at the Premises or of Lessee's <br />interest in this Agreement. <br /> <br />(g) Lessee acknowledges that Lessor has executed this Agreement in <br />reliance on the financial information furnished by Lessee to Lessor as to <br />Lessee's financial condition. If it is determined at any time subsequent to <br />the date of this Agreement that any of the financial information furnished <br />by Lessee and relied upon by Lessor in executing this Agreement is <br />substantially untrue or inaccurate, Lessee shall be deemed to be in <br />default under this Agreement, which default shall not be subject to cure, <br />and which shall entitle Lessor to exercise all remedies reserved to Lessor <br />under this Agreement or otherwise available to Lessor at law. <br /> <br />(h) Failure to abide by any local, state, or Federal governmental laws or <br />regulations. <br /> <br />34. REMEDIES <br />34.1 In the event of any breach by Lessee, in addition to other rights or remedies of <br />Lessor at law or in equity, Lessor shall have the following remedies: <br /> <br />A. If Lessee breaches the Lease and abandons the Premises before the end <br />of the term, or if his right to possession is terminated by the Lessor <br />because of a breach of the Lease, the Lease terminates. Upon such <br />written notice of termination, the Lessor shall have the right to recover <br />against Lessee: <br /> <br />1. The worth at the time of award of the unpaid rent that had been <br />earned at the time of termination; <br /> <br />2. The worth at the time of award of the amount by which the unpaid <br />rent that would have been earned after termination until the time <br />of award exceeds the amount of this rental loss that Lessee <br />proves could have been reasonably avoided; <br /> <br />ATTY/AGR/2010.012 <br />022610 <br /> <br />Initials <br /> <br />20 <br />
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