HomeMy WebLinkAbout430 S COLLEGE AVE - CORRESPONDENCE - 1/28/2005 (7)fiscal funding or any other cause, CSU shall be in default
hereunder. If CSU is in default, the City, at its election, may:
(a) Give CSU written notice of the City's intention to
terminate this Lease on a specified date, and CSU's
right to possession of the Property shall cease and
this Lease shall terminate on the specified date;
or
(b) The City may re-enter and take possession of the
Property or any part thereof and repossess the same
as the City's former estate and expel CSU and those
claiming through or under CSU and remove the
effects of both or either (forcibly, if necessary).
The City's right to terminate this Lease or to re-enter
and take possession of the Property as set forth above shall be
remedies in addition to all other remedies provided to the City, in
law or equity, available to enforce the City's rights and/or
collect damages sustained due to CSU's default hereunder.
24. Removal of Property. Upon the expiration or termination
of this Lease, or upon the City's repossession of the Property, CSU
will surrender the Property in good order and condition, ordinary
wear and tear excepted. CSU shall remove all of its property from.
the Property within ten (10) days of the expiration or termination
of this lease. CSU will fully repair any damage caused by the
removal of such property. Any of CSU's property not so removed
will conclusively be deemed to have been abandoned by CSU and may
be appropriated, sold, stored, destroyed or otherwise disposed of
by the City without notice to CSU or to any other person and
without obligation to account for them. CSU will pay the City all
expenses incurred in connection with the City's disposal of such
property, including, without limitation, the costs of repairing any
damage to the Property or its improvements caused by the removal of
such property. CSU's obligation to observe and perform this
covenant will survive the end of this Lease.
25. Attorneys Fees. In the event that either party shall
default under any of the provisions of this Lease and the non -
defaulting party shall commence litigation to enforce this Lease,
the defaulting party shall be liable for all costs, expenses and
reasonable attorneys fees incurred by the non -defaulting party
concerning such litigation.
26. Notices. All notices, certificates or other
communications hereunder shall be deemed given when hand -delivered
or mailed by certified or registered mail, return receipt
requested, postage prepaid, addressed to the following:
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