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Item 12 - Delhi Center Lease - New Library Branch
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12/06/2022 Regular
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Item 12 - Delhi Center Lease - New Library Branch
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City Clerk
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Agenda Packet
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Clerk of the Council
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12
Date
12/6/2022
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any proceedings of any kind under any provision of the Federal Bankruptcy Act or under any other <br />insolvency, bankruptcy or reorganization act and, in the event any such proceedings are <br />involuntary, City is not discharged from the same within thirty (30) days thereafter. <br />(iv) A receiver is appointed for a substantial part of the assets of City, <br />and such receivership is not released within thirty (30) days. <br />(v) The abandonment of the Premises by City, or the vacation (hereby <br />defined to be thirty (30) or more consecutive days of continual absence from the Premises) of the <br />Premises by City. <br />Notices given under this section shall be in writing and specify the alleged default <br />and the applicable Lease provisions, and shall demand that City perform the provisions of this <br />Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or <br />quit the Premises. <br />(b) Delhi's Remedies. If any default by City shall occur, and following notice <br />of default as required by this Lease (for the period applicable to the default under the applicable <br />provision of this Lease), Delhi shall have the following remedies in addition to all other rights and <br />remedies provided by law or equity, to which Delhi may resort cumulatively or in the alternative. <br />(i) Delhi shall have the immediate option to terminate this Lease and <br />all rights of City hereunder by giving written notice of such intention to terminate. <br />(ii) No reentry or taking possession of the Premises by Delhi pursuant <br />to this section shall be construed as an election to terminate this Lease. <br />(c) Default by Delhi. The occurrence of any of the following shall constitute a <br />default by Delhi: <br />(i) Delhi shall fail to observe, keep or perform any of the other terms, <br />covenants, agreements or conditions contained in this Lease and such default continues for a period <br />of thirty (30) days after written notice by City specifying the nature of the default with reasonable <br />particularity, unless the nature of the default is such that more than thirty (30) days is required to <br />cure it and Delhi commences to cure it within such thirty (30)-day period and thereafter diligently <br />pursues it to completion. <br />(ii) Delhi shall become bankrupt or insolvent or make a transfer in fraud <br />of creditors, or make an assignment for the benefit of creditors, or take or have taken against Delhi <br />any proceedings of any kind under any provision of the Federal Bankruptcy Act or under any other <br />insolvency, bankruptcy or reorganization act and, in the event any such proceedings are <br />involuntary, Delhi is not discharged from the same within thirty (30) days thereafter. <br />(iii) A receiver is appointed for a substantial part of the assets of Delhi, <br />and such receivership is not released within thirty (30) days. <br />Notices given under this section shall be in writing and specify the alleged default and the <br />applicable Lease provisions. <br />Page 6 of 9 <br />
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