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09-25-2023 Council Meeting Packet
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09-25-2023 Council Meeting Packet
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9/22/2023 11:10:06 AM
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9/22/2023 11:04:19 AM
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City Council
Council Document Type
Council Packet
Meeting Date
09/25/2023
Council Meeting Type
Regular
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13 <br />26.Tenant Default. Notwithstanding anything in this Agreement to the contrary, <br />Tenant will not be in default under this Agreement until thirty (30) days after receipt of written <br />notice from Owner specifying Tenant's failure to comply with any material provision of this <br />Agreement, which failure is not cured within said thirty (30) days; provided, however, where <br />such default cannot reasonably be cured within thirty (30) days, Tenant will not be deemed to be <br />in default under this Agreement if Tenant commences to cure such default within said thirty (30) <br />days and thereafter diligently pursues such cure to completion. <br />I n 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.O wner 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 r ent) 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.M odification. 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
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