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FULL PACKET_2008-11-17
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FULL PACKET_2008-11-17
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1/3/2012 4:26:33 PM
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11/12/2008 2:32:21 PM
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1.6. DEFAULT AND REMEDIES (PMCE1.6.2 :N) <br />A. Events Of Default <br />The occurrence of any one or more of the following events shall constitute a default Hereunder b,. <br />TENANT: <br />1. The abandonment or vacation of the Premises bit TF-NANI'. <br />?. ""I He failure by `'ENAN'' to make any payment of rent or any other suns payable hereunder by <br />TENANT, as and when due, where such fGtihlre shall continue fora period of three (3) days <br />after written notice thereof from DIS`T`RICT to TENAN`T'; provided, however, that any such <br />notice shall be in lieu of, and not in addition to, any notice required tinder California Code of <br />Civil Procedure Section 1161 et seq. <br />The failure or inability by ' 'I:NANI' to observe or perform any of the provisions of this Lease <br />to be observed or performed by 'FE'NAN' ', other than specified in subparagraphs A.1. or A 2. <br />above, where such failure shall continue for a period of ten (10) days after written notice <br />thereof from DISTRICT to TENANT; provided, however, that any such notice shall be in <br />lieu of, and not in addition to, any notice required under California. Code of Civil Procedure <br />Section 1161 et seq.; provided, further, that if the nature of such failure is such that it can be <br />cured by TENANT but that more than ten (10) day's are reasonably required for its cure (for <br />any, reason other than financial inability), then TENANT shall not be deemed to be in default <br />if TEN ANTshall commence such cure within said ten (1()) days, and thereafter diligently <br />prosecutes such cure to completion. <br />4. (a) The making by `ITT NANT ofany general assignment for the benefit of creditors; <br />(b) a case is commenced by or against TENANT under Chapters 7. 11 or 13 of the <br />Bankruptcy Code. Title 1 I of the U41ited States Code as now in force or hereafter <br />amended and if so commenced against TENANT, the carne is not dismissed within <br />sixty (60) days of such commencement; <br />(c) the appointment of a trustee or receiver to take possession of` substantially all of <br />TENANT'S assets located at the Premises or of TENANTS interest in this Lease. <br />where such seizure is not discharged within thirty (30) days; or <br />(d) "1-1-NAN"I''S convening of a meeting of its creditors or any class thereof for the purpose <br />of effecting a moratorium upon or composition of its debts. In the event of any such <br />default. neither this Lease nor any interests of TENANI" in and to the Premises shall. <br />becolne an asset: in any of such proceedings and, in any such event and in addition to <br />any and all rights or remedies of the DISTRIC" 1' hereunder or by law; provided, it shall <br />be lawful for the DIS'T'RICT to declare the term hereof ended and to re;-enter the <br />Premises and take possession thereof and remove all persons therefrom, and `FENANf <br />and its creditors (other than DISTRICT) shall have no further claim thereon or <br />hereunder. <br />!lama Ana Rive, Channel 4 k?.t)1-R1552) i 1 <br />17th street 1'ria::gg1c 1:ea,4c : REV 08.1:.08) <br />20C-47
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