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AG 1994 05 02
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AG 1994 05 02
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Last modified
3/25/2002 4:32:00 PM
Creation date
11/27/2017 11:58:34 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
5/2/1994
Board
Board of Commissioners
Meeting Type
Regular
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13. INDEMNITY <br />LESSEE shall indemnify LESSOR against, and hold LESSOR harmless <br />from, any and all claims for damages, costs, expenses and <br />liabilities whether to persons or to property, arising out of the <br />use or operation or resulting from said equipment. LESSEE shall <br />carry adequate insurance in an amount satisfactory to LESSOR for <br />the protection of the LESSEE and LESSOR in this respect. <br /> <br />14. DEFAULT <br />If LESSEE with regard to any item or items of equipment fails to <br />pay rent or other amount herein provided within ten (10) days after <br />the same is due and payable, or if LESSEE with regard to any item <br />or items of equipment fails to observe, keep or perform any other <br />provision of this Lease required to be observed, kept or performed <br />by LESSEE, LESSOR shall have the right to exercise any one or more <br />of the following remedies: <br /> <br />A. To declare the entire amount of rent hereunder immediately <br /> due and payable as to any or all items of equipment, with- <br /> out notice or demand to LESSEE. <br /> <br />B. To sue for and recover all rents, and other payments, then <br /> accrued or thereafter accruing, with respect to any or all <br /> items of equipment. <br /> <br />C. To take possession of and remove any or all items of equip- <br /> ment, without any court order or other process of law, <br /> LESSEE hereby waives any and all damages occasioned by such <br /> taking of possession. Any said taking of possession shall <br /> not constitute a'termination of this Lease as to any or all <br /> items of equipment unless LESSOR expressly so notifies <br /> LESSEE in writing. <br /> <br />D. To terminate this Lease as to any or all items of equipment. <br /> <br />E. To pursue any other remedy at law or in equity. <br /> <br />Notwithstanding any said repossession, or any other action which <br />LESSOR may take, LESSEE shall be and remain liable for the full <br />performance of all obligations on the part of LESSEE to be <br />performed under this Lease. <br /> <br />Ail such remedies are cumulative, and may be exercised concurrently <br />or separately, and the LESSEE agrees that the acceptance of rent <br />by LESSOR or other forbearance by LESSOR shall not constitute a <br />waiver of any of the terms and conditions of this Lease. <br /> <br />If LESSOR employs any attorney or collection agency, or both, to <br />collect an amount owed by LESSEE under this Lease Agreement or to <br />enforce any other rights or pursue any remedies under this Lease <br />Agreement, LESSEE shall pay LESSOR the amount of such fees incurred <br />in addition to any other relief to which LESSOR may be entitled. <br /> <br />-5- <br /> <br /> <br />
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