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97-067 Ordinance
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97-067 Ordinance
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North Olmsted Legislation
Legislation Number
97-067
Legislation Date
4/7/1998
Year
1997
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under Lessor. And the Lessor hereby warrants and agrees to defend said premises hereby granted <br />unto said Lessee against the lawful claims of all persons whomsoever, excepting such as may <br />result from the acts or defaults of the Lessee. Lessor warrants that the demised real estate is not <br />now and shall not be as of the commencement date of this lease, subject to any mortgages or <br />other liens. Lessor further warrants that Lessor has or will have prior to the execution of'this <br />lease full right and authority by virtue of its charter and its ordinances in effect or enacted <br />specifically for this transaction to enter into this lease, and that there are no restrictions or other <br />conditions of title affecting the demised real estate which would prohibit the use of the demised <br />real estate for the purposes set forth herein. <br />22) Contesting_Validity of Taxes, Assessments, Etc. If the Lessee in good faith shall <br />desire to contest the validity of any lien or the amount of any tax, assessment or charge required <br />by lessee to be paid, the Lessee shall notify the Lessor in writing of the Lessee's intention to do <br />so, and may thereupon defer the payment of any such tax, assessment or charge so long as the <br />validity of any part thereof shall be contested by the Lessee in good faith and by appropriate legal <br />proceedings. <br />23) Waivers to be in Writing. Lessor shall not be held to have waived any of Lessor's <br />rights, privileges, powers or immunities under this lease unless the waiver thereof be made in <br />writing. No waiver of any breach of any covenant, term or condition herein shall be construed to <br />be a waiver of any succeeding or any future breach of the same or any other covenant, term or <br />condition of this lease. <br />24) Default in Renl, Etc. <br />A. In the event any monthly installment of rent or any part thereof, or any other <br />payments herein provided for, shall not be paid when due and shall continue unpaid for a period of <br />thirty (30) days after written demand therefor, or in the event said Lessee shall fail to perform any <br />of the other covenants, terms or conditions of this lease to be performed by the Lessee, and such <br />failure shall continue for a period of thirty (30) days after written demand on Lessee for such <br />performance, then the Lessor may at the Lessor's option elect one or more of the following <br />remedies, where such multiple remedies elected are not inconsistent with each other: (1) sue for <br />payment of the unpaid rents or other payments as they become due; (2) terminate this lease and <br />work a forfeiture thereof, in which event every covenant, term and condition on the part of the <br />10 <br />
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