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RES 17969
City of Pleasanton
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RES 17969
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11/7/2017 3:56:57 PM
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11/7/2017 3:38:37 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/17/2017
DESTRUCT DATE
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DOCUMENT NO
17969
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the amounts due and the obligations to which amounts relate, and with respect to any non- <br /> monetary default, a detailed statement identifying the obligations breached and the cure expected <br /> by Lessor, provided, however, that if any nonmonetary default is not susceptible to cure within <br /> the applicable cure penod, the Lender shall have such longer penod, not to exceed an additional <br /> ninety(90) days, as may be necessary to cure the default, so long as such Lender is diligently <br /> prosecuting such cure to completion All payments so made and all things so done shall be as <br /> effective to prevent a termination of this Lease as the same would have been if made and <br /> performed by Lessee instead of by the Lender(s) <br /> (4) In addition to the cure penods descnbed in the preceding <br /> paragraph (3), if the default is such that possession of the Leasehold Estate may be reasonably <br /> necessary to remedy the default, any Lender that has an outstanding Approved Loan shall have a <br /> reasonable time after the expiration of the applicable cure period described in the preceding <br /> paragraph (3) within which to remedy such default, provided that (A) such Lender shall have <br /> fully cured any default in the payment of any monetary obligations of Lessee under this Lease <br /> within the first sixty(60) days following Lessor's delivery of notice pursuant to subsection (3) of <br /> this Section 8.2(a) and shall continue to pay currently such monetary obligations when the same <br /> are due; (B) such Lender shall have acquired Lessee's Leasehold Estate hereunder or <br /> commenced foreclosure or other appropriate proceedings prior to or within 150 days following <br /> Lessor's delivery of notice pursuant to subsection (2) of this Section 8 2(a), and shall be <br /> diligently prosecuting the same, and (C) and after acquiring possession of the Leasehold Estate, <br /> such Lender shall diligently prosecute to completion such cures as may be reasonably possible to <br /> remedy nonmonetary defaults existing under this Lease Any default under this Lease which by <br /> its nature cannot be remedied by Lender shall be deemed remedied upon Lender or its Nominee <br /> (as hereinafter defined) acquinng Lessee's interest in the Premises as provided in this Section. <br /> (5) Lessor shall promptly provide estoppel certificates reasonably <br /> requested by lenders or investors <br /> (6) If the Lenders are prohibited, stayed or enjoined by any bankruptcy <br /> or insolvency proceeding of any court, including without limitation a court having jurisdiction <br /> over Lessee in such proceeding, from commencing or prosecuting foreclosure proceedings, the <br /> times specified for commencing or prosecuting such foreclosure or other proceedings shall be <br /> extended for the penod of such prohibition; provided that any Lender shall have fully cured any <br /> default in the payment of any monetary obligations of Lessee under this Lease, including without <br /> limitation any monetary obligations to third parties which have become, or threaten to become, <br /> liens against the Leased Premises or any portion thereof, and shall continue to pay currently such <br /> monetary obligations when the same fall due, provided, further, that, subject to subsection (1) of <br /> this Section 8 2(a), such Lender shall not interfere with Lessor's efforts to seek compliance by <br /> Lessee with any non-monetary obligation under this Lease. <br /> (7) Lessor shall mail or deliver to any Lenders that have any <br /> outstanding Approved Loans a duplicate copy of any notice which Lessor may deliver to Lessee <br /> pursuant to this Lease, including any notice of default Lessee shall deliver to Lessor the name <br /> and contact information for all Lenders that have outstanding Approved Loans, including <br /> successors in interest to Approved Loans Provided Lessee (or Lender) has delivered Lessor the <br /> name and contact information of the Lender having an outstanding Approved Loan, no notice of <br /> 20 <br /> 191\52\1656915 8 <br /> OAK#4834-9609-1684 v9 <br />
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