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Agenda Packets - 1999/01/11
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Agenda Packets - 1999/01/11
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Last modified
1/28/2025 4:45:54 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
1/11/1999
Supplemental fields
City Council Document Type
City Council Packets
Date
1/11/1999
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14.6 NOTICE TO MORTGAGEE. After receiving written notice from any person, <br /> firm or other entity that it holds a mortgage (which term shall included a deed of trust)which <br /> includes as part of the mortgaged property the Demised Premises, Tenant shall so long as such <br /> mortgage is outstanding be required to give to such holder a duplicate notice of any notice <br /> required to be given to Landlord by this Lease. It is further agreed that such holder shall have the <br /> same opportunity to cure any default, and the same time within which to effect such curing, as is <br /> avoidable to Landlord; and if necessary to cure such a default, such holder shall have access to <br /> the Demised Premises. <br /> ARTICLE XV-LANDLORD DEFAULT <br /> 15.1 DEFAULT NOTICE TO LANDLORD. Should Landlord default in the <br /> performance of any of the covenants on the part of the Landlord to be kept or performed and <br /> such default shall continue for thirty(30) days after written notice to Landlord from Tenant <br /> specifying such default,or should any warranty or representation made by Landlord be untrue <br /> and remain untrue after thirty(30) days after written notice from Tenant specifying such untruth, <br /> then and only in such event, shall termination of this Lease be effected or action taken or remedy <br /> pursued. If the default or untruth is of such character so as to require more than thirty(30) days <br /> to remedy, the Landlord shall have a reasonable period in which to remedy the same,provided <br /> Landlord is proceeding diligently. Tenant waives its right to make repairs at Landlord's expense. <br /> ARTICLE XVI-MISCELLANEOUS PROVISIONS <br /> 16.1 HOLDING OVER. In the event that Tenant shall continue to occupy the demised <br /> Premises after the expiration of the term of this Lease or written extension of the term hereof <br /> without entering a new Lease or written extension of the term hereof said tenancy shall be <br /> construed to be a"tenancy from month to month"upon all of the other terms and conditions <br /> herein contained, except where same are not applicable and except that the rental during such <br /> holdover period shall be the then current"minimum rent"plus fifty percent(50%)thereof shall <br /> continue to be paid. <br /> 16.2 NO PARTNERSHIP. It is expressly understood that the Landlord and Tenant are <br /> not partners of co-venturers, and that the Landlord has not right, title or interest in and to the <br /> business of the Tenant, and that the Tenant has no right to represent or bind the Landlord in any <br /> respect whatsoever, and that nothing herein contained shall be deemed,held or construed as <br /> making the Landlord a partner or associate of the Tenant, or as rendering the Landlord liable for <br /> any debts, liabilities or obligations incurred by the Tenant; it being expressly understood that the <br /> relationship between the parties hereto is and shall at all times remain,that of Landlord and <br /> Tenant. <br /> 16.3 WAIVER. Failure on the part of the Landlord to complain of any action or <br /> nonaction on the part of Tenant, no matter how long the same may continue, and no matter what <br /> other action or non-action by Tenant that Landlord has already complained of shall never be <br /> Page 14 DRAFT-- 12/15/98--CHS Lease agreement <br />
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