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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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Premises to Landlord. - Landlord terminates this Lease and Tenant's right to <br />possession for the Premises, Landlord may recover the following from Tenant: <br />a) The worth at the time of award of the unpaid rent which was due, owing and unpaid <br />by Tenant to Owner at the time of termination; <br />b) The worth at the time of the award of the amount by which the unpaid rent for the <br />balance of the Lease term after the time of award exceeds the amount of rental loss <br />which Tenant proves could be reasonably avoided; <br />c) Pursuing any other remedies now or hereafter available to Landlord under the laws or <br />any judicial decision of the state in which the Premises are located. Landlord shall <br />also have the remedies provided in Civil Code sections 1951.2 and 1951.4. <br />16. PARKING <br />Landlord does not have or provide any parking facilities. Parking is available on the <br />street, as available, and in the municipal garage located nearby. <br />17. GENERAL PROVISIONS <br />Waiver. The waiver by Landlord of any term, covenant or condition herein contained <br />shall not be deemed to be a waiver of such term, covenant, or condition on any <br />subsequent breach of the same or any other term, covenant, or condition herein contained. <br />The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a <br />waiver of any preceding breach by Tenant of any term, covenant, or condition of this <br />lease, other than the failure of the Tenant to pay the particular rental so accepted, <br />regardless of Landlord's knowledge of such preceding breach at the time of the <br />acceptance of such rent. <br />Time. Time is of the essence of this Lease, and each and all of its provisions in which <br />performance is a factor. <br />Successors and Assigns. The covenants and conditions herein contained, subject to the <br />provisions as to assignment, apply to and bind the heirs, successors, executors, <br />administrators, and assigns of the parties hereto. <br />Quiet Possession, Upon Tenant paying the rent reserved hereunder, and observing and <br />performing all of the covenants, conditions, and provisions on Tenant's part to be <br />observed and performed hereunder, Tenant shall have quiet possession of the Premises <br />for the entire term hereof, subject to all the provisions of this Lease. <br />Prior Agreements. This Lease contains all of the agreements of the parties hereto with <br />respect to any matter covered or mentioned in this Lease, and no prior agreements or <br />understanding pertaining to any such matters shall be effective for any purpose; no <br />provision of this lease may be amended or added to except by an agreement in writing <br />signed by the parties hereto or their respective successors -in -interest. This Lease shall not <br />be effective or binding on any party until fully executed by both parties hereto. <br />Inability to Perform. This Lease and the obligations of the Tenant hereunder shall not be <br />affected or impaired because the Landlord is unable to fulfill any of its obligations <br />hereunder, or is delayed on doing so, if such inability or delay is caused by reason of <br />strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the <br />
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