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RES 87418
City of Pleasanton
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RES 87418
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10/26/2017 4:23:58 PM
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12/6/1999 11:19:45 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
9/15/1987
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deliver up possession of the Demised Premises and Capital <br /> Projects I and II given pursuant to law nor any entry or <br /> re-entry by the Corporation nor any proceeding in <br /> unlawful detainer, or otherwise, brought by the <br /> Corporation for the purpose of effecting such re-entry or <br /> obtaining possession of the Demised Premises and Capital <br /> Projects I and II nor the appointment of a receiver upon <br /> initiative of the Corporation to protect the <br /> Corporation's interest under this Lease shall of itself <br /> operate to terminate this Lease, and no termination of <br /> this Lease on account of default by the City shall be or <br /> become effective by operation of law or acts of the <br /> parties hereto, unless and until the Corporation shall <br /> have given written notice to the City of the election on <br /> the part of the Corporation to terminate this Lease. The <br /> City covenants and agrees that no surrender of the <br /> Demised Premises and Capital Projects I and II or of the <br /> remainder of the term hereof or any termination of this <br /> Lease shall be valid in any manner or for any purpose <br /> whatsoever unless stated or accepted by the Corporation <br /> by such written notice. <br /> <br /> (2) Without terminating this Lease, (i) to collect <br /> each installment of rent as it becomes due and enforce <br /> any other term or provision hereof to be kept or <br /> performed by the City, regardless of whether or not the <br /> City has abandoned the Demised Premises and Capital <br /> Projects I and II, and/or (ii) to exercise any and all <br /> rights of entry and re-entry upon the Demised Premises <br /> and Capital Projects I and II. In the event the <br /> Corporation does not elect to terminate this Lease in the <br /> manner provided for in subparagraph (1) hereof, the City <br /> shall remain liable and agrees to keep or perform all <br /> covenants and conditions herein contained to be kept or <br /> performed by the City and, if the Demised Premises and <br /> Capital Projects I and II are not re-let, to pay the full <br /> amount of the rent to the end of the term of this Lease <br /> or, in the event that the Demised Premises the Capital <br /> Projects I and II are re-let, to pay any deficiency in <br /> rent that results therefrom; and further agrees to pay <br /> said rent and/or rent deficiency punctually at the same <br /> time and in the same manner as hereinabove provided for <br /> the payment of rent hereunder (without acceleration), <br /> notwithstanding the fact that the Corporation may have <br /> received in previous years or may receive thereafter in <br /> subsequent years rental in excess of the rental herein <br /> specified and notwithstanding any entry or re-entry by <br /> the Corporation or suit in unlawful detainer, or <br /> otherwise, brought by the Corporation for the purpose of <br /> effecting such entry or re-entry or obtaining possession <br /> of the Demised Premises and Capital Projects I and II. <br /> <br /> F-21 <br />1456S <br /> <br /> <br />
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