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6. HRSR 06-06-2011
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6. HRSR 06-06-2011
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6/3/2011 11:13:29 AM
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City Government
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HRSR
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6/6/2011
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Premises. Tenant must defend and-indemnify Landlord against and hold Landlord harmless from <br />any and all third party claims and demands arising from or related in any way to Tenant's use and <br />occupancy of the Leased Premises including, but not limited to, claims relating to the loss of or <br />damage to the personal property of third parties that is in the care, custody and control of Tenant <br />15. MECHANICS' LIENS. If Landlord consents to any alterations in or additions or <br />changes to the Leased Premises or if, notwithstanding the requirements of Section 8, Tenant <br />undertakes any alterations in or additions or changes to the Leased Premises without Landlord's <br />consent, Tenant must pay all labor and materials provided to the Leased Premises and keep the <br />Property and the Building free and clear of all mechanics' liens. Tenant shall have the right to <br />contest the correctness or the validity of any such lien if, immediately on demand by Landlord, <br />Tenant procures an irrevocable letter of credit in favor of Landlord in an amount equal to one <br />and one-halftimes the amount of the claim of the lien. <br />16. DESTRUCTION OF THE PREMISES. In case of the total or such partial <br />destruction of the Leased Premises by fire, the elements or other casualty, either party may <br />terminate this Lease Agreement by written notice to the other party. <br />17. CONDEMNATION. In case of the total or such partial loss of the Leased <br />Premises through condemnation, either party may terminate this Lease Agreement by written <br />notice to the other party. <br />18. DEFAULT OF TENANT. The occurrence of any of the following shall <br />constitute a default and breach of this Lease Agreement by Tenant: <br />a. Any failure by Tenant to pay rent, Landlord's insurance costs, or any other <br />monetary sums required to be paid hereunder (where such failure continues for <br />five (5) days after written notice thereof from Landlord to Tenant). <br />b. The abandonment or vacation of the Leased Premises by Tenant. <br />c. A failure by Tenant to observe and perform any other provision of this <br />Lease Agreement to be observed or performed by Tenant, where such failure <br />continues for twenty (20) days after written notice thereof by Landlord to Tenant; <br />provided, however, that if the nature of such default is such that it cannot <br />reasonably be cured within such twenty (20) day period, Tenant shall not be <br />deemed to be in default if Tenant shall within such period commence such cure <br />and thereafter diligently prosecute the same to completion. <br />d. The making by Tenant of any general assignment or general arrangement <br />for the benefit of creditors; the filing by or against Tenant of a petition to have <br />Tenant adjudged a bankrupt or a petition for reorganization or arrangement under <br />any law relating to bankruptcy (unless, in the case of a petition filed against <br />Tenant, the same is dismissed within ninety (90) days); the appointment of a <br />trustee or receiver to take possession of substantially all of Tenant's assets located <br />at the Leased Premises or of interest in this Lease Agreement, where possession is <br />not restored to Tenant within sixty (60) days; or the attachment, execution or <br />other judicial seizure of substantially all of Tenant's assets located at the leased <br />
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