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Lease Agreement- City of Brea
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Lease Agreement- City of Brea
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ARTICLE IX <br /> EVENTS OF DEFAULT; REMEDIES <br /> Section 9.1. Events of Default Defined. The following shall be "Events of Default" under <br /> this Lease Agreement: <br /> (a) Failure by the City to pay any Lease Payment required to be paid hereunder at the <br /> time specified herein. <br /> (b) Failure by the City to make any Additional Payment required hereunder and the <br /> continuation of such failure for a period of thirty (30) days. <br /> (c) Failure by the City to observe and perform any covenant, condition or agreement on <br /> its part to be observed or performed, other than as referred to in the preceding clauses (a) or <br /> (b), for a period of sixty (60) days after written notice specifying such failure and requesting <br /> that it be remedied has been given to the City by the Authority or the Trustee; provided, <br /> however, that if in the reasonable opinion of the City the failure stated in the notice can be <br /> corrected,but not within such sixty (60) day period, such failure shall not constitute an Event <br /> of Default if the City shall commence to cure such failure within such sixty (60) day period and <br /> thereafter diligently and in good faith shall cure such failure in a reasonable period of time. <br /> (d) The filing by the City of a voluntary petition in bankruptcy, or failure by the City <br /> promptly to lift any execution, garnishment or attachment, or adjudication of the City as a <br /> bankrupt, or assignment by the City for the benefit of creditors, or the entry by the City into an <br /> agreement of composition with creditors,or the approval by a court of competent jurisdiction of <br /> a petition applicable to the City in any proceedings instituted under the provisions of <br /> applicable federal bankruptcy law,or under any similar acts which may hereafter be enacted. <br /> Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section <br /> 9.1 shall have happened and be continuing, it shall be lawful for the Authority to exercise any <br /> and all remedies available pursuant to law or granted pursuant to this Lease Agreement; <br /> provided, however, that notwithstanding anything to the contrary herein or in the Indenture, <br /> there shall be no right under any circumstances to accelerate the Lease Payments or otherwise <br /> declare any Lease Payments not then in default to be immediately due and payable or to <br /> terminate this Lease Agreement or to cause the fee interest or the leasehold interest of the City <br /> in the Leased Premises to be sold, assigned or otherwise alienated. Each and every covenant <br /> hereof to be kept and performed by the City is expressly made a condition and, upon the <br /> breach thereof, the Authority may exercise any and all rights of entry and re-entry upon the <br /> Leased Premises. The City hereby irrevocably consents to the Authority's repossession of the <br /> Lease Premises if such an Event of Default shall occur and consents to the Authority's re-letting. <br /> of the Lease Premises for the account of the City. In the event of such default and <br /> notwithstanding any re-entry by the Authority, the City shall, as herein expressly provided, <br /> continue to remain liable for the payment of the Lease Payments and/or damages for breach of <br /> this Lease Agreement and the performance of all conditions herein contained and,in any event, <br /> such rent and/or damages shall be payable to the Authority at the time and in the manner as <br /> herein provided,to wit: <br /> (a) The City agrees to and shall remain liable for the payment of all Lease Payments and <br /> the performance of all conditions herein contained and shall reimburse the Authority for any <br /> deficiency arising out of the re-leasing of the Leased Premises, or, in the event the Authority is <br /> unable to re-lease the Leased Premises, then for the full amount of all Lease Payments to the <br /> end of the Term of this Lease Agreement, but said Lease Payments and/or deficiency shall be <br /> -20- <br />
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