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Reso 2005-787
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Reso 2005-787
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Last modified
2/10/2016 3:13:42 PM
Creation date
1/25/2006 1:57:53 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2005-787
Date (mm/dd/yyyy)
04/14/2005
Description
Lease Agmt w/Vanguard Car Rental USA, Inc (1st Addendum)
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<br />evaJuate aJ] transactions, documents, facts, circumstances and claims out of which this Lease or any <br />related document has arisen prior to entering Into the same. <br /> <br />45. Counterparts. This Lease may be executed in any number of counterparts, each <br />of which shall be an original, but all of which shall constitute one and the same instrument. The <br />parties hereto have executed this Lease as of the date first above written. <br /> <br />46. ~. Tenant shall be allowed to erect and maintain sign age on the Premises so <br />long as same complies with all Regulations. <br /> <br />47. Further Assur:loces. Each party agrees te promptly perform any and all further <br />acts and to execute, acknowledge and deliver any and all documents, information and other data <br />which may be re3.Sonably necessary to carry out the provisions of this Lease. <br /> <br />48. Amendment. This Lease or any provision hereof may be amended, changed, <br />waived, dlsch3rged or termin:Jted only by an instrument in writing signed by both parties to this <br />Lease, subject, however, to Landlord's or Tenant\ ngh(s LV termjnat~ this Lease as expressl)' <br />provided hereln. <br /> <br />49. Severability. In the evenf any of the provisions or ponions of this Lease are held <br />to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability <br />of the remaining provisions, or portions thereof. shall not be affected thereby. <br /> <br />so. Neuter. The words "Landlord" and "Tenant", wherever used herein, shali be <br />applicable to one or more persons or entities, as the case may be and as the context may require; the <br />singular shall mclude the plural; the neuter shall include the masculine and feminine; and if there be <br />more than one obliger, the obligations thereof shall be joint and several. The word "person" <br />wherever used herein shall include individuals, firms, associations, partnerships and corporations. <br />Whenever in this Lease any words denoting undertaking, covenant or duty are used, such words shaJl <br />have the same force and effect as though made in the fonn of conditions. <br /> <br />51. Landlord's Lien.... Landlord hereby waives any contr3ctual, statutory or other <br />Landlord's lien on Tenant's furniture, fixtures, supplies, equipment, inventory and rental fleet. <br /> <br />52. Tenant's Recovery. Landlord acknowledges and agrees that its I~ability under this <br />Lease is not limited to its equity in the Premises. Notwithstanding the foregoing, if this Lease is <br />assigned, transferred or sublet to an entity that is not majority-owned and controlled by Tenant or <br />Guarantor, Tenant and any such assignee, transferee and sublessee shall look solely to Landlord's <br />equity in the Premises for recovery of any judgment from Landlord, it being specifically agreed that <br />Landlord's liability hereunder shall be limited to such equity and no assets of Landlord (other than <br />Landlord's equity interest in the Premises) shall be the subject of any effort to recover any judgment <br />against Landlord. Tenant hereby agrees that no constituent shareholder, officer, director, employee, <br />agent or independent contractor of Landlord shall ever be personally liable for any such judgment <br /> <br />MlA9510/1712'8-1 <br /> <br />29 <br />
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