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2011 010 Ordinance
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2011 010 Ordinance
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Last modified
11/19/2018 4:07:00 PM
Creation date
9/7/2018 5:42:51 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
010
Date
5/16/2011
Year
2011
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3/15/2011 <br />Licensor, remove all of its facilities and equipment therefrom. If Licensee fails to promptly <br />remove all of its facilities and equipment from the Premises, Licensor may remove the same <br />(without any liability to Licensee for any damage to such equipment and/or facilities which may <br />result from reasonable efforts at removal), and Licensee shall pay to Licensor on demand any <br />and all costs incurred by Licensor in removing -and storing such facilities and equipment prior to <br />retrieval of same by Licensee. <br />(d) Default by Licensor and Licensee's Remedies. In the event that Licensor shall be in default <br />of any terms or provisions of this License and shall so remain for a period of thirty (30) days <br />after Licensee has given written notice to Licensor of such default (however, if such default <br />cannot reasonably be cured within the applicable time period, then Licensor shall not be deemed <br />in default so long as it promptly commences to cure the same. within the applicable time period <br />and diligently pursues such curing thereafter), then: (i) Licensee may terminate this Lease by <br />giving not less than ten (.10) days' written notice to Lessor, or (ii) Licensee may cure the default <br />(or have the default cured by others) upon prior written notice to Licensor stating that Licensee <br />so intends to deduct the reasonably cost thereof from the Fees reserved herein. Notwithstanding <br />.Licensee's election under (i) or (ii) of this subparagraph (d), Licensee shall nonetheless be <br />entitled to pursue any and all rights it may have at law or in equity. <br />(e) In the event of a termination of a License, it shall be lawful for Licensor, after not less than <br />thirty (30) days' prior written notice, to reenter into and upon the Site, and every part thereof, <br />and to remove at Licensee's expense all of Licensee's property therefrom and to repossess and <br />occupy the Site. In the event Licensor terminates a License pursuant to this Section, Licensor <br />shall not be required. to pay Licensee any sum or sums whatsoever related to License. <br />XXI. FORCE MAJEURE <br />If either Licensor or Licensee shall be delayed or prevented from the performance of any act <br />required hereunder by reason of acts of God, governmental restrictions, regulations or controls <br />(except those reasonably foreseeable in connection with the uses contemplated by this License), <br />or other cause without fault and beyond the control of the party obligated (except financial <br />inability), performance of such act shall be excused for the period of the delay and the period for <br />the performance of any such act shall be extended for a period equivalent to the period of such <br />delay. Nothing in this clause shall excuse Licensee from prompt payment of any rent, taxes, <br />insurance or any other charges required of Licensee. <br />XXII. USE OF COMMON AREAS <br />Licensor hereby grants to Licensee and its agents, servants, employees, contractors, and business <br />invitees during the term of this License, anon-exclusive right to use all parking, driveway and <br />walking areas (the "Common Areas") which are now or hereafter become a part of or <br />appurtenant to the Premises, together with right of ingress and egress to and from the Premises at <br />such places as are now or may thereafter be designated by Licensor, together with, and subject <br />to, similar rights granted from time to time by Licensor to other occupants of the Premises. <br />Licensor acknowledges that no fee will be charged to Licensee for use of the Common Areas. <br />Page 13 of 26 <br />
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