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2009 057 Ordinance
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2009 057 Ordinance
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Last modified
11/19/2018 4:08:10 PM
Creation date
9/7/2018 8:44:35 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
057
Date
12/21/2009
Year
2009
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18. DEFAdJLT PROi/ISION. If LESSEE shall at any time be in default in the <br />payment of rent herein reserved or in the performance of any of the <br />covenants, terms, conditions or provisions of this Lease and LESSEE <br />shall fail to remedy such default within fifteen (15) days after receipt of <br />notice thereof from LESSOR <br />in the event the default is as to payment of rent, or within thiriy (30) days <br />after receipt of notice thereof, if the default relates to matters other than <br />the payment of rent (but LESSEE shall not be deerned in default if <br />LESSEE commences to remedy said default other than related to <br />payments of rental within said thirty (30) day period and proceeds <br />therewith wsith due diligence), LESSOR may, by notice to LESSEE, <br />terminate this Lease, or without terminating fhis Lease, enter the <br />PREMISES by summary proceedengs or otherwise, and in either event, <br />may dispossess LESSEE. In the event of such re-entry, LESSOR may <br />relet the PREMISES and apply the rent therefrom first to #he payment of <br />LESSOt2=S expenses incurred by reason of LESSEE=S default and the <br />expenses of releifing and then to the payment of rent and all other sums <br />due from LESSEE hereunder, LESSEiE remaining liable for any <br />deficiency, for loss of rent by a payment at the end of each lease month <br />equal to the difference between LESSEE=S rental obligation and the rents <br />actually derived from the PI2EMISES by the LESSOR for such month. All <br />remedies herein provided shall be in addition to, and not in substitution for, <br />any remedies otherwise available to L.ESS012. <br />19. LATE GHARGES. The rental installment, includirog increases, is due in <br />accordance vuith the provisions set forth herein above. If said installments <br />are greater than fifteen (15) days past due, the LESSOR may charge the <br />LESSEE a penaity of fifteen dollars ($15.00) per calendar day for every <br />day that exceeds the fifteen (15) day period. Said penalty, if charged, <br />shall be deducted from any subsequent installments first and the balance <br />of said installments shall be applied to rental payments. This provision <br />shall be applied also to partial installments of rents and or failure to pay <br />any increases in rents after notices thereof, or initial recornpense assets <br />for the above. <br />20. P10TIGES. Any notice or consent required to be given by or on behalf of <br />either party upon the other shall be in writing and shall be given by mailing <br />such notice or consent by registered or certified mail addressed to the <br />other party at the address herein before specified and or the PIZEMISES, <br />or at such other address as may be specified from time to time in writing <br />delivered to the other party. <br />21. WAIVER. No waiver of any condition of legal right or remedy shall be <br />implied by the failure of LESSOR to declare a forFeiture by course of <br />dealing, or by LESSOR=S waiver of any other default of LESSEE=S <br />6
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