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BC 1993 02 01
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BC 1993 02 01
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Meeting Minutes
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Minutes
Meeting Minutes - Date
2/1/1993
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Board of Commissioners
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198 <br /> <br /> ARTICLE VI <br /> DEFAULT <br /> Section 6.01. Effect of Default If either party fails to materially comply <br />with or perform any of the covenants, conditions, or provisions of this Lease by <br />it to be kept or performed after expiration of the applicable cure period <br />pursuant to Section 6.02 of this Lease (hereinafter, an "Event of Default"), <br />then, upon the occurrence of any "Event of Default, the non-defaulting party may <br />pursue any remedy available at law, by equity or pursuant to this Lease, <br />including, without limitation, the initiation of a suit at law or equity to <br />enforce the obligations of the defaulting party. <br /> No right or remedy herein conferred upon or reserved to the County is <br />intended to be exclusive of any other right or remedy given hereunder or now or <br />hereafter existing at law or in equity. No waiver of any Event of Default <br />hereunder shall affect any subsequent Event of Default or shall impair any rights <br />or remedies consequent on said subsequent Event of Default. The failure of the <br />non-defaulting party to insist at any time upon the strict performance of any <br />covenant or agreement or to exercise any option, right, power, or remedy <br />contained in this Lease shall not be construed as a waiver or a relinquishment <br />thereof for the future. No delay or omission of the non-defaulting party to <br />exercise any right or power accruing upon any Event of Default shall impair any <br />such right or power or shall be construed to be a waiver of any such Event of <br />Default or any acquiescence therein. <br /> Section 6.03. Right to Cure. Nothing herein contained shall be construed <br />as authorizing the County to declare an Event of Default where the City's failure <br />to comply with this Lease consists of the nonpayment of rent until such <br />nonpayment in violation of the terms of this Lease shall have continued for <br />fifteen (15) days after the due dates for payment of such rent; and where the <br />failure to comply with this Lease consists of some violation(s) other than the <br />nonpayment of rent, the County may not declare an Event of Default until such <br />violation(s) shall have continued for thirty (30) days after the County shall <br />have given the City written notice of such violation(s). The City may not <br />declare that the County is in default under this Lease until the County has <br />failed to materially comply with or perform any of the covenants, conditions <br />or provisions shall have continued for thirty (30) days after the City shall have <br />given the County written notice of such violations. <br /> <br /> ARTICLE VII <br />COVENANT OF QUIET ENJOYMENT <br /> <br /> The County covenants and agrees with the City that, so long as the City <br />materially keeps and performs all of the covenants and conditions by the City to <br />be kept and performed, the City shall have quiet and undisturbed and continued <br />possession of the Demised Premises, free from any claims by the County and every <br />person and entity claiming under, by, or through the County. The County shall <br />not encumber the Demised Premises or permit the Demised Premises to be encumbered <br />except as first consented to by the City. <br /> <br />ARTICLE VIII <br />MISCELLANEOUS <br /> <br /> Section 8.01. Force Majeure. If the County or the City is delayed in, <br />hindered in, or prevented from the performance of any'act required hereunder by <br />reason of strikes, lockouts, labor troubles, inability to procure materials, <br />failure of power, restrictive government laws or regulations, riots, <br />insurrection, war, or other reason beyond its control, then performance of such <br />act shall be excused for the period of the delay; and the period for the <br />performance of any such act shall be extended for a period equivalent to the <br />period of such delay hindrance, or prevention as the case may be. <br /> Section 8.02. Covenants Running with Land. Ail covenants, promises, <br />conditions, and obligations herein contained or implied by law are covenants <br />running with the land and shall attach to the Demised Premise and shall bind and <br />inure to the benefit of the County and the City and their respective heirs, legal <br />representatives, successors, and permitted assigns. <br /> Section 8.03. No Waiver. No waiver of a breach of any of the covenants in <br />this Lease contained shall be construed to be a waiver of any succeeding breach <br />of the same covenant. <br /> Section 8.04. Memorandum of Lease. The County and the City will, upon the <br />commencement of the term'of this Lease, execute a memorandum of lease legally <br />sufficient to comply with the provisions of the North Carolina General Statutes <br />relating thereto. Said memorandum of lease Shall include provisions relating to: <br /> <br /> <br />
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