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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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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
10/18/2004
Board
Board of Commissioners
Meeting Type
Regular
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<br />satisfy such a request, Lessor may (but is not required to) provide required aids and services. <br />Lessor may charge Lessee any actual costs incurred by Lessor in providing such required aids or <br />services. No charge shall be made by Lessee or by Lessor to any person for required aids or <br />services. Lessor shall not be required to remove or alter any architectural or communication <br />barrier within the Center which is structural in nature. Lessee is required to adapt its activities to <br />existing barriers in the Center and to existing limitations of goods or services provided by <br />Lessor. <br /> <br />44. DEFAULT. In the event Lessee is in payment or performance default hereunder, Lessor <br />shall have the right to immediately draw under the letter of credit for any sums due and owing <br />Lessor as set forth herein. In the event of a strictly non-payment default, Lessee will have fifteen <br />(15) days from receipt of notice of default from Lessor during which to cure the default. If such <br />default is not cured, at the termination of the fifteen day cure period, Lessor shall be entitled to <br />terminate any further use of the Leased Premises by Lessee and accelerate payment of any and <br />,I <br />all sums due Lessor hereunder. All Lessor remedies hereunder shall be cumulative and may be <br />exercised concurrently. Waiver of any Lessee default at any time does not constitute a waiver of <br />any future defaults. <br /> <br />45. RESIDUAL MATTERS. By its signature below, Lessee hereby acknowledges receipt of a <br />copy of The Use Guidelines for the Center ("Guidelines"). The Guidelines are designed to give <br />the Lessee a clear and descriptive outline of the responsibilities and operational guidelines of the <br />Center. If any matters arising under this agreement are not expressly covered by the Guidelines, <br />the Center management, in its discretion, shall interpret the Lease Agreement or rules and <br />regulations adopted by the Cabarrus County Board of Commissioners or any other applicable <br />governing body. The contents of the Guidelines are hereby incorporated into this agreement by <br />reference. The Lessor reserves the right to make reasonable changes to the Guidelines in writing <br />from time to time. Lessee shall receive written notice of any changes. <br /> <br />All notices required to be provided hereunder shall be in writing and sent postage prepaid, <br />certified and return receipt requested to the addresses of the parties set forth herein, or to such <br />other address as maybe provided to the other party in writing. All representations and <br />warranties as well as all indemnities by Lessee herein shall survive termination of this lease. The <br />terms and conditions hereof shall be binding upon the parties' successors and permitted assigns. <br />Paragraph headings are for convenience only and are not a controlling part of this lease. This <br />lease shall be governed by and enforced in accordance with North Carolina law and the parties <br />hereto consent to the jurisdiction of the courts of Cabarrus County, North Carolina for purposes <br />of enforcement of this lease or resolution of any dispute between the parties hereunder. Upon <br />Lessor's request, Lessee shall promptly execute a memorandum of lease for recordation <br />purposes. . <br /> <br />46. RETURN OF EXECUTED LEASE. This lease is Null and Void if not returned to Lessor <br />fully executed by Lessee and with the specified deposit by October -' 2004. <br /> <br />£'- 3 <br />
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