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FIESTA MARKETPLACE PARTNERS (2)
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FIESTA MARKETPLACE PARTNERS (2)
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Last modified
9/4/2024 5:47:28 PM
Creation date
8/26/2024 2:36:08 PM
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Contracts
Company Name
FIESTA MARKETPLACE PARTNERS
Contract #
A-2001-035
Agency
Community Development
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the Premises or the boil g is greater than ten percent (10%) of the full replacement cost, <br />then Landlord shall have the option: (1) to repair or restore such damage, this Lease <br />continuing in full force and effect, but the rent to be proportionately reduced as <br />hereinabove in this article provided; or (2) give notice to Tenant within sixty days (60) of <br />the damage, at which time this Lease shall expire and all interests of the Tenant in the <br />Premises shall terminate on the date so specified in such notice and the rent, reduced by a <br />proportionate amount based upon the extent, if any, to which such damage materially <br />interfered with the business carried on by the Tenant in the Premises, shall be paid up to <br />the date of such termination. <br />The Tenant shall not be entitled to any compensation or damages from Landlord for loss <br />of the use of the whole or any part of the Premises, Tenant's personal property, or any <br />inconvenience or annoyance occasioned by such damage, repair, reconstruction, <br />restoration, or by such termination of the Lease. <br />15. DEFAULT, REMEDIES <br />A. Default. The occurrence of any one or more of the following events shall constitute a <br />default under this Lease by Tenant: <br />1. Non -curable defaults: <br />a) The vacating or abandonment of the Premises by Tenant. <br />b) Any attempted or involuntary transfer of Tenant's interest in this Lease without <br />Landlord's prior consent. <br />c) If Tenant makes, or has made, or furnishes any warranty, representation or statement <br />to Landlord in connection with the Lease which is or was false or misleading in any <br />material respect when made or furnished. <br />2. Curable defaults: <br />a) The failure by Tenant to make any payment of rent or any other payment required to <br />be made by Tenant hereunder, as and when due, where such failure shall continue for <br />a period of three (3) days after written notice thereof by Landlord to Tenant, this <br />Lease shall be terminable at Owner's option, in accordance with the procedures <br />established in the Code of Civil Procedure, section 1161. <br />b) The failure by Tenant to observe or perform any of the covenants, conditions, or <br />provisions of this Lease to be observed or performed by the Tenant, other than the <br />payment of rent, where such failure shall continue for a period of thirty (30) days <br />after written notice thereof by Landlord to Tenant; provided; however, that if the <br />nature of Tenant's default is such that more than thirty (30) days was reasonably <br />required for its cure, then Tenant shall not be deemed to be in default if Tenant <br />commences such cure within said thirty (30) day period, and thereafter diligently <br />prosecutes such cure to completion. <br />B. Remedies. <br />In the event of any non -curable default or breach by Tenant, or a curable default which is <br />not timely cured, Landlord shall have the right to terminate this Lease and Tenant's right <br />to possession of the Premises, and Tenant shall immediately surrender possession of the <br />
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