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COM 1575.000 2006-2008
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COM 1575.000 2006-2008
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Last modified
6/19/2009 2:57:15 PM
Creation date
11/12/2008 11:25:20 AM
Metadata
Fields
Template:
Communications
Communications - Type
COM
Communications - Council Term
2006-2008
Communication
1575
Point
000
Author
William Takaba, Finance Director; Harry Kim, Mayor
Communications - Referred To
FC
Document Relationships
AGE COUNCIL 12/17/2008 2008-2010
(Related To)
Path:
\Council Records\Agendas\2008-2010\Council
AGE FC 11/20/2008 2006-2008
(Related To)
Path:
\Council Records\Agendas\2006-2008\Finance Committee (FC)
REP FC 367 11/20/2008 2006-2008
(Related To)
Path:
\Council Records\Reports\2006-2008\Finance Committee (FC)
RES 820 Draft 01 2006-2008
(Related)
Path:
\Council Records\Resolutions\2006-2008
RES 820 Draft 01 2006-2008
(Related To)
Path:
\Council Records\Resolutions\2006-2008
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sublease term and on the same terms and conditions specified in this sublease, <br />so far as applicable. <br />14. Default. <br />(a) Right to Reenter. In the event of (i) any failure to perform any terms, <br />conditions, or covenants of this sublease to be observed or performed by ARC <br />(except for a default in the payment of rent) for more than ten days, the County <br />shall have in addition to any other recourse, the right to immediately ternnate <br />this sublease with thirty days' written notice of such default or breach; or <br />(ii) the occurrence of any event described in paragraph 11 above; or (iii) if <br />ARC shall abandon the premises, or suffer this sublease to be taken under any <br />writ of execution, any such happening shall be considered a default by ARC, <br />and the County, besides any other rights or remedies it may have, shall have <br />the immediate right, with or without }~i*+~fion, of reentry and may remove <br />all persons and property from the premises and such property may be removed <br />and stored in a public warehouse or elsewhere at the cost of and for the <br />account of ARC, all without service of notice or resort to legal process and <br />without the County being deemed guilty of trespass, or becoming liable for <br />any loss or damage which may be occasioned thereby. , <br />(b) Termination. In addition to any default by ARC, as that term is defined in <br />paragraph 14(a) above, the County and ARC may terminate this sublease by <br />giving thirty days' written notice of temw~ation with cause. No reentry or . <br />taking possession of the premises by the County shall be deemed its election to <br />terminate this sublease unless a written notice of termination is given to ARC <br />or unless the temvnation is decreed by a court of competent jurisdiction. The <br />County may at any time after reletting the premises without rem,;nating this <br />sublease, elect to terminate this sublease for ARC's previous default. <br />(c) Damages to County. h`the County terminates this sublease because of a <br />default by ARC, in addition to any other remedies the County may have, it <br />may recover from ARC all damages it may incm• by reason of such default, <br />including the cost of recovering the prenuses, attorney's fees, and the worth at <br />the time of such temrination of the excess, if any, of the amount of rent and <br />additional rent reserved in this sublease for the remainder of the stated term <br />over the then reasonable market rental value of the premises for the remainder <br />of the stated terry all of which amounts shall be immediately due and payable <br />from ARC to the County. <br />(d) Separate Suits. The County shall have the privilege of splitting its cause of <br />action for rent so as to pernvt institution of a separate suit or proceeding for the <br />base and additional rent due the County under this sublease, and a separate suit <br />or proceeding for any other payment required under this sublease and neither <br />the institution of any such suit or proceeding nor the errtering of judgment <br />therein, shall baz the County from bringing a subsequent suit or proceeding for. <br />zzozoota ~- <br />
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