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4.8. SR 02-01-2016
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4.8. SR 02-01-2016
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occurring on or about the Leased Premises. All property kept, stored, or maintained on the <br />Leased Premises shall be so kept, stored, or maintained at the sole risk of the Lessee. <br />44.13. Relationship of Parties. Nothing contained in this Lease shall be deemed or <br />construed by the parties hereto or by any third party to create the relationship of principal and <br />agent or of partnership or of joint venture or of any association whatsoever between the City and <br />Lessee, it being expressly understood and agreed that neither the payment of rent nor any act of <br />the parties hereto shall be deemed to create any relationship between the City and Lessee other <br />than the relationship of landlord and tenant. <br />414. Events of Default/Remedies. The following shall be an "Event of Default" <br />under this Lease: <br />(a) Lessee fails, neglects or refuses to make the annual payment pay an <br />installmen of rent at the time and in the amount as herein provided; <br />(b) That any voluntary or involuntary petition or similar pleading under any <br />section or sections of any bankruptcy act shall be filed by or against Lessee, or any <br />voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare <br />Lessee insolvent or unable to pay Lessee's debts, and the same shall not be dismissed or <br />discharged within thirty (30) days after notice thereof in writing given to Lessee by the <br />City; <br />(c) Lessee fails, neglects or refuses to keep and perform any of the other <br />covenants, conditions, stipulations or agreements herein contained and covenanted and <br />agreed to be kept and performed by it, and in the event such default shall continue for a <br />period of more than thirty (30) days after notice thereof in writing given to Lessee by the <br />City; <br />(d) Lessee makes any assignment of its property for the benefit of creditors or <br />should the Leased Premises be taken under a levy or execution or attachment in an action <br />against Lessee and such levy, attachment or assignment is not dismissed and discharged <br />within thirty (30) days after written notice thereof to Lessee by the City. <br />The City shall have the right to terminate this Lease if Lessee fails to cure an Event of Default <br />within ten (10) days written notice. If Lessee fails to cure an Event of Default within the cure <br />period the City shall have the right to terminate this Lease and exercise any remedies available <br />under applicable law to regain possession of the Leased Premises. In the event that Lessee is in <br />default under this Lease and the Lease is terminated and Lessee fails to vacate the Leased <br />Premises, the City shall be entitled to recover all costs and expenses including reasonable <br />attorney's fees incurred by the City in enforcing the terms of this Lease and regaining possession <br />of the Leased Premises. The reimbursement required under Paragraph 7 shall not apply. <br />415. Quiet Possession. If Lessee shall pay promptly when due the rentals herein <br />agreed to be paid, and shall faithfully keep, abide by and be bound by the conditions and <br />agreements of this Lease and perform the covenants hereof, the City warrants to Lessee the quiet, <br />peaceful and undisturbed possession of the Leased Premises during the full term of this Lease, <br />except as otherwise provided herein, including Paragraph 6 hereof. <br />
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