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AG 2002 09 16 (Regular)
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AG 2002 09 16 (Regular)
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Last modified
3/2/2006 5:01:44 PM
Creation date
11/27/2017 11:44:08 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/16/2002
Board
Board of Commissioners
Meeting Type
Regular
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time if corrective action is instituted by the Board of education within the applicable <br />period and diligently pursued until such failure is corrected; and further provided, that if <br />by reason of Force Majeure the Board of Education is unable in whole or in part to carry <br />out any of its agreements contained herein (other than its obligations contained in <br />Sections 6.2 or 8.1), the Board of Education shall not be deemed in default during the <br />continuance of such event or occurrence. <br /> <br /> (c) The dissolution or liquidation of the Board of Education or the <br />voluntar~j initiated by the Board of Education of any proceeding under any federal or <br />state law relating to bankruptcy, insolvency, arrangement, reorganization, readjustment of <br />debt or any other form of debtor relief, or the initiation against the Board of Education of <br />any such proceeding which shall remain undismissed for sixty (60) days, or the entry by <br />the Board of Education into an agreement of composition with creditors or the Board of <br />Education's failure generally to pay its debts as they become due. <br /> <br /> 12.2 Remedies on Default. Whenever any Event of Default shall have <br />happened and be continuing, the County may take one or any eombination of the <br />followingremedial steps: <br /> <br /> (a) Terminate this Lease, evict the Board of Education from the Leased <br />Property or any portion thereof and re-lease the Leased Property or any portion thereof; <br /> <br /> (b) Have reasonable access to and inspect, examine and make copies of <br />the Board of Education's bObks and records and accounts during the Board of <br />Education's regular business hours, if reasonably necessary in the County's opinion; or <br /> <br /> (c) 'Take whatever action at law or in equity may appear necessary or <br />desirable, including the appointment of a Receiver, .to collect the amounts then due, or to <br />enforce performance and observance of any obligation, agreement or covenant of the <br />Board of Education under this Lease. <br /> <br /> Any amount collected pursuant to action take under this Section shall be applied in <br />accordance with the Financial Contract. <br /> <br /> 12.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to <br />the County is intended to be exclusive, and every such remedy shall be cumulative and <br />shall be in addition to every other remedy given hereunder and evew remedy now or <br />hereafter existing at law or in equity. No delay or omission to exercise any right or <br />power accruing upon any default shall impair any such right or power, and any such right <br />and power may be exercised from time to time and as often as may be deemed expedient. <br />In order to entitle the County to exercise any remedy reserved in this Article X[I, it shall <br />not be necessary to give any notice, other than such notice as may be required in this <br />Article XII. <br /> <br />11 <br /> <br /> <br />
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