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25G - AGMT - AUTOZONE LEASE
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25G - AGMT - AUTOZONE LEASE
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Last modified
4/30/2015 3:26:59 PM
Creation date
4/30/2015 3:21:19 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Manager's Office
Item #
25G
Date
5/5/2015
Destruction Year
2020
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27. TENANT'S DEFAULT: (a) If Tenant shall default in payment of Rent, when due, or <br />in maintaining any insurance required to be carried by Tenant under the Lease, Landlord shall <br />forward written notice, pursuant to Section 30, of such default to Tenant, and the failure of Tenant <br />to cure such default within twenty (20) days after the date of receipt of such notice shall, at the <br />option of Landlord, cause the termiration of this Lease. <br />(b) If Tenant shall default in the performance of any other terms or provisions of this <br />Lease, and if Landlord shall give to Tenant written notice, pursuant to Section 30, of such default, <br />and if Tenant shall fail to cure such default within sixty (60) days after receipt of such notice, or if <br />the default is of such a character as to require more than sixty (60) days to cure, then, if Tenant <br />shall fail to use reasonable diligence in curing such default, Landlord may cure such default for the <br />account of and at the cost and expense of Tenant, and the reasonable sums so expended by <br />Landlord shall be deemed to be Additional Rent and on demand shall be paid by Tenant on the <br />day when Rent shall next become due and payable. In no event, however, shall any default under <br />the terms of this Section 27(b) be the basis of a forfeiture of this Lease or otherwise result in the <br />eviction of Tenant or the termination of this Lease unless Tenant fails to satisfy a judgment <br />rendered by a court of competent jurisdiction. <br />28. VRESPONSIMLITYOF LANDLORD: If Landlord fails to pay any installment of taxes or <br />assessments or any interest, principal, costs or other charges upon any mortgage or mortgages <br />or other liens and encumbrances affecting the Demised Premises or the improvements thereon <br />when any of the same become due, or if Landlord Pails to do or complete any work required of it <br />under any of the provisions of this Lease, or if Landlord fails to perform any covenant or <br />agreement affecting the Demised Premises or contained in this Lease on the part of Landlord to <br />be performed or, Tenant, after the continuance of any such failure or default for thirty (30) days <br />after written notice thereof is given by Tenant to Landlord, may elect to pay said taxes, <br />assessments, interest, principal, costs and other charges or cure such defaults on behalf of and at <br />the expense of Landlord and do all necessary work and make all necessary payments in <br />connection therewith. This shall include, without limitation, the payment of any counsel fees, costs <br />and charges of or in connection with any legal or equitable action which may be brought, and <br />Tenant may further take such other proceedings at law or in equity as Tenant deems necessary, <br />notwithstanding any other remedy provided herein. Tenant may proceed in equity to enjoin any <br />breach by Landlord or by any other party of any provision of this Lease. In addition, nothing shall <br />require Tenant to wait the above timeframes in order to cure a default of Landlord in an <br />6538 Freestanding Building Lease 04292015 25G -1 IO <br />
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