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O-1998-2205 (tabled 12/8/97)
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O-1998-2205 (tabled 12/8/97)
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Last modified
11/2/2016 3:39:00 PM
Creation date
7/26/2006 7:41:23 AM
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Legislative Records
Legislative Type
Ordinance
Date
1/26/1998
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<br />e <br /> <br />e <br /> <br />(;~lJr',\~\ tf':,,\\ /'/''' <br />'" j,~" "'j .....v.J <br />;;~~t.V:jir )1 . <br />-- ""-.'/ I'J U <br /> <br />and privileges under this Agreement and Lease by other <br />operation of law, <br /> <br />B. If the Lessee shall default in or fail to make any <br />payments at the times and in the amount required of it <br />under this Agreement and Lease. <br /> <br />C, If the Lessee shall abandon and discontinue the conduct <br />of a fixed base operation, <br /> <br />D. If the Lessee shall fail to perform, keep and observe all <br />the covenants and conditions contained in this Agreement <br />and Lease to be performed, kept and observed by it, <br /> <br />E. If the Lessee shall fail to abide by all applicable laws, <br />ordinances, rules and regulations of the United States, <br />State of Texas, or the City of La Porte. <br /> <br />Provided that upon happening of any of the contingencies recited in <br />subparagraphs B, C, D and E above the Lessor shall give written <br />notice to the Lessee to correct or cure such default, failure to <br />perform, or breach, and if, within thirty (30) days from the date <br />of such notice, the default, failure to perform or breach complained <br />of, shall not have been corrected in a manner satisfactory to the <br />Lessor, then, and in such event, the Lessor shall have the right at <br />once and without further notice to the Lessee to declare this <br />Agreement and Lease terminated and to enter upon and take full <br />possession of the Leased Premises and Leased Facilities and, <br />provided further that upon the happening of anyone of the <br />contingencies enumerated in subsection A hereof, this Agreement and <br />Lease shall be deemed to be breached by the Lessee and thereupon <br />ipso facto and without entry or any other action by the Lessor, the <br />Agreement and Lease shall terminate, subject to be reinstated only <br />if such involuntary bankruptcy or insolvency proceedings, petitions <br />for reorganization, trusteeship, receiver ship, or other legal act <br />divesting the Lessee of its rights under this Agreement and Lease <br />shall be denied, set aside, vacated or terminated in the Lessee's <br />favor within forty-five (45) days from the happening of the <br />contingency. Upon the happening of said latter event, this <br />Agreement and Lease shall be reinstated as if there had been no <br />breach occasioned by the happening of said contingencies provided <br />that the Lessee shall within ten (10) days discharge any and all <br />sums of money which may have become due under this Agreement and <br />Lease in the interim and shall then remain unpaid and shall likewise <br />fully perform and discharge all other obligations which may have <br />accrued and become payable in the interim. The acceptance of <br />rentals and fees by the Lessor for any period or periods after a <br />default of any of the terms, covenants, and conditions herein <br />contained to be performed, kept and observed by the Lessee shall not <br />be deemed a waiver of any rights of the Lessor to cancel this <br />Agreement and Lease for failure by the Lessee to so perform, keep, <br />or observe any of the terms of this Agreement and Lease to be kept, <br />performed, and observed by the Lessee. <br /> <br />12 <br />
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