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9.0. EDSR 04-13-2000
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9.0. EDSR 04-13-2000
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City Government
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4/13/2000
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• necessity of any notice from either Sublessor or Sublessee to terminate the Sublease. Sublessee <br /> hereby agrees that they will peacefully and quietly vacate and surrender the Subleased Premises <br /> to the Sublessor at the expiration of the term, in as good order and repair as required under this <br /> Sublease and the Prime Lease, normal wear and tear excepted. It is further understood and <br /> agreed by and between the parties hereto that existence of this Sublease is dependent and <br /> conditioned upon the continued existence of the Prime Lease, and in the event of the cancellation <br /> or termination of said Prime Lease, this Sublease automatically shall be terminated except for the <br /> return of any prepaid rent in any form whatsoever. Sublessor shall have no liability to Sublessee <br /> due to the termination of the Prime Lease by reason of any default by Sublessee hereunder, by <br /> reason of any condemnation or destruction of the Subleased Subleased Premises, or by any other <br /> reason not within the control of Sublessor. <br /> (11) Sublease and Subletting. Sublesseee may not assign this Sublease or sublet all or <br /> any part of the Subleased Premises. Sublessee may not pledge this Sublease, or allow any liens <br /> to be placed hereon, or suffer this Sublease or any portion thereof to be attached or taken upon <br /> execution. <br /> (12) Sublessor's Right to Cure Defaults. If Sublessee shall default in the observance or <br /> performance of any of Sublessee's covenants, agreements or obligations hereunder, Sublessor <br /> may, but it is not obligated, and without limiting any other remedy which Sublessor may have by <br /> reason of such default, cure the default and charge the cost thereof to Sublessee including, <br /> without limitation, reasonable attorney's fees. Sublessee shall pay the same within ten (10) days <br /> • after receipt of an invoice therefore from Sublessor, together with interest thereon at the lesser of <br /> the rate of twelve percent (12%)per annum or the maximum rate allowed by law. <br /> (13) A. Default by Sublessee. If Sublessee shall default in the payment of any <br /> installment of rent or other monies to be paid under this Sublease, or if Sublessee shall default in <br /> the observance or performance of any of Sublessee's other covenants, agreements or obligations <br /> hereunder, or if any proceeding is commenced by or against Sublessee for the purpose of <br /> subjecting the assets of Sublessee to any law relating to bankruptcy or insolvency, or for <br /> appointment of a receiver for Sublessee or for any of Sublessee's assets, or if Sublessee makes a <br /> general Sublease of Sublessee's assets for the benefit of creditors; then Sublessor, at its option, <br /> after giving sublessee ten (10) days written notice during which time sublessee may cure such <br /> default, may terminate this Sublease, may reenter the Subleased Premises and remove all persons <br /> and property therefrom, and have,regain and enjoy possession of the Subleased Premises and, in <br /> addition, Sublessor shall have all of the rights and remedies against Sublessee as are available to <br /> Landlord against Sublessor pursuant to the Prime Lease. <br /> Sublessee hereby expressly waives service of any notice of Sublessor's intention to <br /> reenter and waives all right of restoration to possession of the Subleased Premises after reentry or <br /> after judgment for possession thereof. In case of any such termination, and in addition to any <br /> other remedies which Sublessor may have, Sublessee shall indemnify Sublessor for all damages <br /> Sublessor may incur by reason of such default, including the cost of recovering the Subleased <br /> • Premises, reasonable attorney's fees and expenses incurred in enforcing any term of this <br /> Sublease, and the rent reserved in this Sublease for the remainder of the Term, all of which <br /> \\ell:river\sys\shrdoc\eda\document\bisolar.doc 4 <br />
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