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11-25-1991 HRA Meeting
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11-25-1991 HRA Meeting
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r <br />of City to pay Lease-Purchase Payments with respect thereto which <br />shall be paid when due notwithstanding the provisions of this <br />paragraph, City shall not be deemed in default during the <br />continuance of such inability or during any other delays which are <br />a direct consequence of the force maieure inability. The term <br />"XftCCft m>ias used herein shall mean, without limitation, the <br />following: acts of God; strikes, lockouts or other industrial <br />disturbances; acts of public enemies; orders or restraints of any <br />kind of the government of the United States of America or any of <br />its departments, agencies or officials, or any civil or military <br />authority; insurrections; riots; landslides; earthquakes; fires; <br />storms; droughts; floods; explosions; or any other cause or event <br />not reasonably within the control of City and not resulting from <br />its negligence. City agrees, however, to remedy with all <br />reasonable dispatch the cause or causes preventing it from <br />carrying out its obligations under this Lease; provided that the <br />settlement of strikes, lockouts and other employment disputes <br />shall be entirely within the discretion of City. <br />"i <br />Section 12.2 Remedies en Default. Whenever any event <br />of default referred to ..n Section 12.1 hereof shall have happened <br />and be continuing with respect to the Project, Authority shall <br />have the right, at its option, to take one or any combination of <br />the following remedial steps: <br />(i) Cancel and terminate this Lease by written <br />notice in accordance with law, re-enter and take <br />possession of the Project, and the Project and all <br />improvements thereto, and all prior Lease-Purchase <br />Payments made hereunder by City, shall belong to <br />Authority as liquidated damages; or <br />(ii) By written notice to City in accordance with <br />law, declare the unpaid Principal, with interest accrued <br />thereon, immediately due and payable; or <br />(iii) Take whatever action at law or in equity may <br />appear necessary or desirable tc collect the <br />Lease-Purchase Payments then due and thereafter to <br />become due during the then current Fiscal Year of the <br />City with respect to the Project, or enforce performance <br />and observance of any obligation, agreement or covenant <br />of City under this Lease. <br />Section 12.3. Surrender of Project. Upon the <br />termination of this Lease under the circumstances described in <br />paragraphs (a) or (c) of Section 5.2 hereof, the City shall <br />surrender possession of the Project to the Authority in the <br />condition, repair, appearance and working order required in <br />Section 7.1. <br />12-2
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