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AG 2004 10 18
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AG 2004 10 18
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Last modified
3/9/2006 9:20:48 PM
Creation date
11/27/2017 11:39:17 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
10/18/2004
Board
Board of Commissioners
Meeting Type
Regular
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<br />except as specifically provided herein, the non-defaulting party shall be entitled to exercise any <br />remedies available to it at law or in equity. All remedies may be exercised at any time and <br />exercise of one remedy shall not preclude the exercise of any other available remedy, except as <br />specifically provided herein. <br /> <br />11. LEASE OPTIONS: Upon written mutual consent of both parties, this lease maybe extended <br />two additional years with the basic rental fee of two thousand five hundred dollars ($2,500.00) <br />per game during the 2005-2006 ABA season and the basic rental fee of three thousand dollars <br />($3000.00) per game for the 2006-2007 ABA season. However, other charges set forth herein <br />shall be renegotiated by the parties. In the event Lessee desires to extend any lease tenn, Lessee <br />must notify Lessor in writing at least sixty (60) days before the termination of the then current <br />tenn. In the event the parties mutually agree to extend the tenn of this lease beyond the 2006- <br />2007 ABA season, the basic rental fee increase per game for the 2007-2008 ABA season and <br />2008-2009 ABA season will be no more than ten percent (10%) ofthe previous year. ,I,¡ <br /> <br />12. LESSEE INDEMNITY. Lessee hereby indemnifies and holds harmless Lessor, its <br />individual officials, directors, officers, employees, agents and contractors from and against any <br />and all liabilities, claims, losses, damages, costs or expenses of any kind or nature (including <br />without limitation, attorneys' fees. and legal costs) arising out of or is in any way attributable to <br />any injury or death to any person or damage to any property which results from or in any way is <br />attributable to use or occupancy of th~ Center by Lessee or any of Lessee's agents, contractors, <br />vendors, suppliers or invitees. <br /> <br />13. CASUAL TY/FIRE. If the Leased Premises is destroyed or damaged by fire or by any other <br />cause beyond the reasonable control of Lessor, or if any other casualty, force majuere event or <br />unforeseen circumstance shall render the fulfillment of this Lease by Lessor impossible, Lessor <br />shall' refund a prorate portion of Lessee's security deposit or prepaid Rent, which shall be <br />Lessee's sole and exclusive remedy under such circumstances and Lessor and shall not be held <br />liable or responsible to Lessee for any other damage caused thereby. <br /> <br />14. CONTROL OF PREMISES. Lessor does not relinquish the right to control the <br />management of the Center, including the Leased Premises and to enforce all necessary and <br />proper rules for the operation of the Center. The Lessor, its employees, agents and the Center <br />management may enter the Leased Premises at any time and on any occasion to inspect the <br />Leased Premises. Lessor reserves the right, through its manager and representatives, to eject any <br />objectionable person or persons from the Leased Premises. Upon the exercise of this authority <br />through its Center management, authorized agents of the Lessor or security personnel, Lessee <br />hereby waives any right to object and all claims for damages against Lessor or any of its agents. <br /> <br />15. LAW OBSERVANCE. Lessee agrees that every person connected with Lessee's use of the <br />Leased Premises shall abide by, confonn to and comply with all the laws of the United States <br />and the State of North Carolina, and all of the ordinances of the City of Concord and County of <br />Cabarrus, North Carolina, and the. rules and regulations of Lessor for the government and <br />management of the Center, together with all rules and requirements of the Police, Sheriff and <br /> <br />1;.. 3 <br />
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