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5. HRSR 12-03-2007
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5. HRSR 12-03-2007
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7/2/2008 2:53:15 PM
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City Government
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HRSR
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12/3/2007
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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-half times 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 or any other monetary sums required to <br />be paid hereunder (where such failure continues for five (5) days after <br />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 <br />failure continues for twenty (20) days after written notice thereof by <br />Landlord to Tenant; provided, however, that if the nature of such default is <br />such that it cannot reasonably be cured within such twenty (20) day <br />period, Tenant shall not be deemed to be in default if Tenant shall within <br />such period commence such cure and thereafter diligently prosecute the <br />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 <br />have Tenant adjudged a bankrupt or a petition for reorganization or <br />arrangement under any law relating to bankruptcy (unless, in the case of a <br />petition filed against Tenant, the same is dismissed within ninety (90) <br />days); the appointment of a trustee or receiver to take possession of <br />substantially all of Tenant's assets located at the Leased Premises or of <br />interest in this Lease Agreement, where possession is not restored to <br />Tenant within sixty (60) days; or the attachment, execution or other <br />judicial seizure of substantially all of Tenant's assets located at the leased <br />premises or of Tenant's interest in this Lease Agreement, where such <br />seizure is not discharged within forty-five (45) days. In the event of any <br />such material default or breach of Tenant, Landlord may at any time <br />thereafter without limiting Landlord in the exercise of any right or remedy <br />2109788v3 4 <br />
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