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2001-043 Ordinance
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2001-043 Ordinance
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North Olmsted Legislation
Legislation Number
2001-043
Legislation Date
3/21/2001
Year
2001
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promptly remove the same at their expense upon demand by Lessor. <br />Item Seven. Default. The following events shall constitute a default by Lessee entitling <br />Lessor to any of the remedies set forth below, or at law or equity: <br />(a) Lessee's failure to perform any obligation required to be performed by them <br />under the provisions of this Lease; <br />(b) the making of an assignment by Lessee for the benefit of creditors; <br />(c) the institution by Lessee of any proceeding in bankruptcy or the institution of <br />bankruptcy proceedings against Lessee by any creditor or creditors; <br />(d) the appointment of a receiver or trustee for any property of Lessee; <br />(e) abandonment of the leased premises by Lessee. <br />Item Eight. Lessor's Remedies upon Default. In the event of a default by Lessee, as set <br />forth above, Lessor shall be entitled, in addition to any other remedy available to them at law or in <br />equity, to avoid and terminate this Lease, reenter into possession of the leased premises. Lessee <br />hereby expressly waives service of notice of such intention to reenter, or the institution of legal <br />proceedings to that end. If Lessor brings any action to exercise any of his remedies under this <br />paragraph, and prevails in court, Lessee shall be required to pay all of Lessor's attorney fees and <br />litigation expenses. <br />Item Nine. Damaize bv Fire or other Casualty. If the leased premises are damaged by fire <br />or other casualty, which renders the Property untenantable, this Lease shall immediately terminate <br />and Lessee shall surrender possession of the Property to Lessor. If the casualty does not render <br />the premises untenantable, then Lessee shall promptly make all repairs to the Property required by <br />the casualty, or, at their option, may terminate the Lease, and surrender possession to Lessor, <br />upon thirty (30) days advance written notice to Lessor. <br />Item Ten. Right of Entry. Lessor, or any person authorized by them with the prior <br />specific consent of Lessee obtained at least twenty-four (24) hours in advance, shall have the right <br />to enter the leased premises during reasonable times to inspect, to make repairs, decorations, or <br />alterations, and to enforce this Lease, and, after ternunation, to show the leased premises to <br />prospective lessees; provided, however, that Lessee's consent shall not be necessary in case of <br />emergency. Lessee shall not unreasonably withhold consent for Lessor to enter the leased <br />premises. Moreover, Lessor, or its agents, may, at any reasonable time during the term of this <br />Lease, or during any subsequent month-to-month tenancy, enter upon the Property for the <br />purposes of conducting any surveys or appraisals, perfornung any tests, making any observations <br />of the condition of the Property, or performing such other tasks which may be required by Lessor <br />in connection with the Lessor's intent to develop the property as part of the site of the future new
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