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2005_Resolutions
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2005_Resolutions
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within the aforesaid twenty (20) day period. If Lessors elect not to replace or <br />• rebuild then said Lease shall be deemed terminated thirty (30) days following the <br />occurrence causing said damage. If at the time of Lessors' decision to replace or <br />rebuild, Lessors do not agree in writing to complete the repair or rebuilding within <br />ninety (90) days after the decision is made, or within a reasonable period if ninety <br />(90) days is unreasonable under the circumstances in light of the nature and extent <br />of the damages, as decided by both Lessors and Lessee, Lessee shall have the <br />option to terminate this Lease by written notice to Lessors within fifteen (15) days <br />after Lessors' decision. <br />17. DEFAULT PROVISIONS. (A) The following shall constitute events of default: <br />(1) Abandonment of the Premises; <br />(2) The default of seven (7) days in payment of rent or other sums due to Lessors <br />hereunder; <br />(3) Breach of any of the covenants or conditions of this Lease continuing for <br />more than fifteen (15) days following receipt of written notice thereof from <br />Lessors to Lessee; <br />(4) Dissolution or commencement of any proceedings to dissolve Lessee; <br />(5) Termination of existence, insolvency, business failure, appointment of a <br />receiver, assignment for the benefit of creditors of all or any part of the <br />property of the Lessee, or commencement of any proceedings under any <br />bankruptcy or insolvency law by or against Lessee. <br />• No failure on the part of the Lessors to enforce any covenant or provision herein, <br />nor the waiver of any right hereunder by Lessors, shall discharge or invalidate <br />such covenant or provision or any other covenant, condition or provision hereof, <br />or affect the right of the Lessors to enforce the same in the event of subsequent <br />breach or default. <br />(B) REMEDIES ON DEFAULT. Upon the occurrence of any event of default, <br />Lessors shall have the right, then or at any time thereafter while such event of <br />default shall continue, to terminate this Lease on not less than ten (10) days notice <br />to Lessee. On the date specified in such notice the term of this Lease shall <br />terminate, and Lessee shall then quit and surrender the Premises to Lessors, <br />without extinguishing Lessee's liability. If this Lease shall have been so <br />terminated by Lessors, Lessors may at any time thereafter resume possession of <br />the premises by any lawful means and remove Lessee or other occupants and their <br />effects. In the event of default by Lessee, rentals received by Lessors following <br />reentry shall be applied to liability of the Lessee resulting from said default. <br />(C) LIABILITY OF TENANT ON DEFAULT. If the Lessors rightfully <br />terminate this Lease or reenters pursuant to the foregoing section, Lessee shall <br />remain liable for the rent and all of the sums provided for in this Lease until the <br />date this Lease would have expired had such termination not occurred and any <br />• and all expenses incurred by Lessors in reentering the Premises, repossessing the <br />7 <br />
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