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09-24-2018 Council Meeting Packet
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09-24-2018 Council Meeting Packet
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10/30/2021 1:05:49 PM
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2/28/2019 1:14:59 PM
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City Council
Council Document Type
Council Packet
Meeting Date
09/24/2018
Council Meeting Type
Regular
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<br />17 <br /> <br /> In the event of Tenant's default in the payment of rentals or in Tenant's failure to <br />comply with any other material provision of this Agreement beyond all applicable notice <br />and cure periods, Owner may, at its option, terminate this Agreement without affecting its <br />right to sue for all past due rentals and any other damages to which Owner may be <br />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 <br />receipt of written notice thereof from Tenant (provided, however, where any such default <br />cannot reasonably be cured within thirty (30) days, Owner will not be deemed to be in <br />default under this Agreement if Owner commences to cure such default within said thirty <br />(30) days and thereafter diligently pursues such cure to completion). Tenant may, at its <br />option, cure the failure at Owner's expense (which expense, in Tenant's discretion, may <br />be deducted from rent) or terminate this Agreement without affecting its right to demand, <br />sue for, and collect all of its damages arising out of Owner's said failure to comply. <br />Notwithstanding anything to the contrary herein, in the event Owner’s failure to comply <br />with any provision of this Agreement precludes Tenant’s use of the Leased Property as <br />provided by this Agreement, and Owner does not remedy the failure within five (5) <br />working days after written notice from Tenant, or the failure cannot reasonably be <br />remedied in such time and Owner does not commence to cure such default within the <br />allotted five (5) working days and diligently pursue such cure to completion within <br />fifteen (15) working days after the initial written notice, then Tenant may, at its option, <br />cure the failure at Owner’s expense (which expense, in Tenant’s discretion, may be
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