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12-21-1994 Council Agenda
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12-21-1994 Council Agenda
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necessary to remedy the same with all due diligence. <br />(03) If Tenant shall (a) apply for, or consent in writing to, <br />the appointment of a custodian, receiver, trustee or <br />liquidator of Tenant or of all or substantially all of <br />its assets, or (b) file a voluntary petition for relief <br />under any chapter of the Federal Bankruptcy Code or any <br />law governing bankruptcy or insolvency, or (c) admit in <br />writing its inability to pay its debts as they become <br />due, or (d) make a general assignment for the benefit of <br />creditors, or (e) file an answer admitting the material <br />allegations of a petition filed against Tenant in any <br />bankruptcy, reorganization or insolvency proceedings. <br />(04) If any execution or attachment shall be levied against <br />the Premises or all or substantially all of Tenant's <br />assets, and such execution or attachment shall not be <br />stayed, set aside, bonded or discharged within sixty <br />(60) days after the same shall have been levied. <br />(05) If an order, judgment or decree shall be entered by any <br />court of competent jurisdiction approving a petition <br />seeking a reorganization of Tenant or the appointment of <br />a custodian, receiver, trustee or liquidator of Tenant <br />or of all or substantially all of Tenant's assets, and <br />such order, judgment or decree shall continue unstayed <br />and in effect for a period of (60) days after the same <br />shall have been entered. <br />(06) If an involuntary case is commenced against Tenant by <br />the filing of a petition under any chapter of the <br />Federal Bankruptcy Code or under any law governing <br />bankruptcy or insolvency and an order of relief is <br />entered therein or the petition is not dismissed within <br />sixty (60) days after the filing of such petition. <br />(07) If Tenant abandons or vacates the Premises or otherwise <br />ceases to conduct business operations for a period of <br />ten (10) days. <br />Section 8.02. Landlord's Action. If Tenant fails to make <br />any payment or to perform any act required to be made or <br />performed under this Lease, and to cure the same within the <br />relevant time periods provided in this Lease, Landlord without <br />waiving or releasing any obligation or default, may (but shall be <br />under no obligation to) at any time thereafter make such payment <br />or perform such act for the account at the expense of Tenant, and <br />may, to the extent permitted by law, enter upon the Premises for <br />such purpose and take all such action thereon as, in Landlord's <br />reasonable opinion, may be necessary or appropriate therefor. No <br />such entry shall be deemed on eviction of Tenant. All sums so <br />paid by Landlord and all costs and expenses (including, without <br />7 <br />Page 172 <br />ST /60'd I3QHNIO 3111I1 Ol MONISM 2 d32I0fl )3N33MS W0?Jd 6I:0T 17661-ST-03G <br />
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