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AG 2017 02 20
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AG 2017 02 20
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Last modified
2/22/2017 11:54:50 AM
Creation date
11/27/2017 10:27:23 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/20/2017
Board
Board of Commissioners
Meeting Type
Regular
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maintenance or preservation or re-letting the Premises shall not constitute <br /> a termination of this Lease; <br /> (ii) reenter and repossess the Premises and remove all persons and property <br /> by a suitable action or proceeding at law or in equity, without being <br /> liable for any damage therefore. No re-entry by Lessor shall be deemed <br /> a termination or an acceptance of a surrender of this Lease; <br /> (iii) terminate this Lease and pursue Tenant for damages in an amount equal <br /> to (i) the sum of all amounts due hereunder to the date of termination; <br /> plus (ii) the reasonable cost to Lessor for any repairs and other costs of <br /> re-letting, plus (iv) Lessor's costs and expenses incurred in the <br /> enforcement hereof, including without limitation, reasonable attorney's <br /> fees and other legal costs; <br /> (iv) cure such Tenant default in any other manner (after giving Tenant <br /> written notice of Lessor's intention to do so except in the case of <br /> emergency), in which event Tenant shall reimburse Lessor for all <br /> expenses reasonably incurred by Lessor in doing so, plus interest at the <br /> rate of twelve percent (12%) per annum, which expenses and interest <br /> shall be payable by Tenant immediately on demand therefore by Lessor; <br /> and/or <br /> (v) pursue any combination of such remedies and/or any other remedy <br /> available to Lessor at law or in equity. <br /> Forbearance to enforce or waiver or compromise by Lessor of any Tenant default shall <br /> not be construed as a waiver of any subsequent Tenant default. <br /> All remedies of Lessor shall be cumulative, and in addition, Lessor may pursue any <br /> other remedies that may be permitted by law or in equity. No expiration or termination <br /> of this Lease, no reentry or reletting of the Premises by Lessor as set forth herein, shall <br /> relieve Tenant of its liabilities and obligations hereunder, all of which shall survive <br /> such events. <br /> 22. Construction. Lessor and Tenant acknowledge that each of them and their <br /> respective counsel has had an opportunity to review this Lease and it is the product of <br /> negotiation. In the event any provision of this Lease is deemed to be ambiguous, it <br /> shall not be construed more strictly for or against either party, but rather shall be <br /> interpreted in accordance with its fair meaning. <br /> 23. 5everability. If any provision of this Lease or the application thereof to any <br /> person or circumstance shall be deemed illegal, invalid or unenforceable, the remaining <br /> provisions of this Lease, or the application of such provision to ether persons or <br /> circumstances, shall not be affected thereby and each remaining provision of this Lease <br /> shall be valid and enforceable to the fullest extent permitted by law. <br /> Attachment number 1 \n <br /> F-4 Page 68 1 <br />
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