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98-037 Ordinance
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98-037 Ordinance
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1/16/2014 12:01:47 PM
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1/16/2014 5:07:40 AM
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North Olmsted Legislation
Legislation Number
98-037
Legislation Date
6/16/1998
Year
1998
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<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 Va? 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 legat <br />proceedings. <br />23) Waivers to be in WritinQ. Lessor shall not be held to have waived any ofLessor'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 Rent_ 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 />Lessor to be performed, fulfilled and kept shall terminate as to all purposes whatsoever, and it <br />shall be lawful for the Lessor to re-enter, repossess and enjoy the premises of the Lessor's former <br />estate and interest therein; and (3) enter upon the premises, sublet the premises to third parties, <br />and apply the net rents in partial or complete satisfaction of the obligations of the Lessee without <br />causing a forfeiture of this lease. The election of remedies (2) and (3) above provided shall not <br />10
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