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2017-140 Council Resolution
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2017-140 Council Resolution
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12/19/2017 8:25:39 AM
Creation date
12/18/2017 3:54:39 PM
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City Council
Council Document Type
Resolutions
Meeting Date
12/11/2017
Council Meeting Type
Regular
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In the event of Tenant's default in the payment of rentals or in Tenant's failure to comply <br />with any other material provision of this Agreement beyond all applicable notice and cure <br />periods, Owner may, at its option, terminate this Agreement without affecting its right to sue for <br />all past due rentals and any other damages to which Owner may be entitled. <br />27. Owner Default. In the event of Owner's failure to comply with any material <br />provisions of this Agreement, which failure is not cured within thirty (30) days after receipt of <br />written notice thereof from Tenant (provided, however, where any such default cannot <br />reasonably be cured within thirty (30) days, Owner will not be deemed to be in default under this <br />Agreement if Owner commences to cure such default within said thirty (30) days and thereafter <br />diligently pursues such cure to completion). Tenant may, at its option, cure the failure at Owner's <br />expense (which expense, in Tenant's discretion, may be deducted from rent) or terminate this <br />Agreement without affecting its right to demand, sue for, and collect all of its damages arising <br />out of Owner's said failure to comply. <br />28. Modification. It is hereby mutually agreed and understood that this Agreement, <br />contains all agreements, promises, and understandings between Owner and Tenant on leasing of <br />space on the water tower, that no verbal or oral agreement, promises, or understandings will be <br />binding upon either Owner or Tenant in any dispute, controversy, or proceeding at law, and any <br />addition, variation, or modification to this Agreement will be void and ineffective unless in <br />writing and signed by the parties hereto. <br />29. Interpretation. This Agreement, together with any subsequent amendments, <br />constitutes the entire agreement between the parties regarding the matters described in this <br />Agreement, and this Agreement supersedes any previous oral or written agreements between the <br />parties. This Agreement will not be construed or interpreted against either party based on a <br />14 <br />
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