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RES 87555
City of Pleasanton
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RES 87555
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6/25/2012 2:09:43 PM
Creation date
12/8/1999 1:01:00 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
12/15/1987
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of the t. rpaid r'erlt which was earr~ed at the time o-~: terminatior~: <br /> (b) the wor'tt~ at the time o.f award o.f the ~mount by which the <br /> unpaid rent which would have been e~r'ned after ter'mination u,~til <br /> the time o.f t.t~e award exceeds the amount of such r'ental loss that <br /> the lessee pt'-oves couJ. d have been reasc~nably avoided; (c) the <br /> worth at the t:i. me of award of the amount by which the unpaid rer~t <br /> for the balance of the term after the time of award exceeds the <br /> amount of suc:h r-ental loss that lessee proves could be r-easonably <br /> avoided; and (d) anV other amount necessary to cc~mpensate lessor <br /> for al 1 detr'iment pt-oximatel y caused by lessee' s .fai lut'-e to <br /> per-form his obligations under the lease or ~hich in the or'dir'~ary <br /> c:ourse ctf things would be likely to result ther'efr'om. <br /> <br /> Lessor. may in the alternative, continue this lease in effect, as <br /> lor~g as lessen"' does r-tot terminate lessee's right 'to possession, <br /> ar'~d lessor may en.f:orce ell his rights and remedies under the <br /> I. ease, including 'the right to recover' the rent as it becomes due <br /> under the lease. If sa:Ld br'each of ].ease continues, lessor- may, <br /> at any time 'Lher-eafter, elect to terminate the lease. <br /> <br /> I',lothinq con[:ained her'ein shall be deemed to limit any other <br /> r'iqhts or remedies whic:h lessor- may have. <br /> <br /> 19. SECURITY: l'he security deposit set .forth above, if any~ <br /> sl'~a]. 1 secur"e the performance o'f the Lessee' s obl iOatiOns <br /> her-eurtder. Lessor- may, but shall not be obligated to apply all' <br /> or por'tior~s o.f said depc~sit on account o.f Lessee's obligations <br /> returned to Lessee. I...essee sha~1 not have the right to apply the <br />Secur'ity Deposit in payment o.f the last month's rent. <br /> <br /> DEPOSIT REFUNDS: The balance of aI1 deposits shall be <br />r"efunded within 'twc~ ~eeks .from date possession is delivered to <br />L..essor' or his authorized Agent, together with a statement sho~ing <br />an'y' char-ges made aOainst such deposits by Lessor'. <br /> <br />21. ATTORNEY'S FEES: In case suit should be brought for <br />r'eco,,'ery of the premises, or f or any sum due hereunder, or <br />because o.f any act which may arise out of the possession of the <br />premises, by either party, the prevailing party shall be entitled <br />to a].I. costs incurred in connection with such ac'kion, including a <br />r-e,~sonabl e attorney' s fee. <br /> <br />22. WAIVER: No failure o-f L. essot- to enforce any term hereof <br />shall be deemed to be a waiver. <br /> <br />23. NOTICES: Any notice which either party may or Is required <br />to ¢~ive, shall be given by mailing the same, postage prepaid, <br />Lessee at t, he pr'emises, or' Lessor at the address shown below, or <br />at such c~ther places designated by the parties from time to time. <br /> <br />24. HOLDING OVER: Any holding over after' the expiration of <br />this lease, with the consent o-f Lessor, shall be construed as a <br />month.-..to,-.month tenancy at a rental o-f $ glO.O0 per month, <br />otherw:[se in accorclance with the terms her'eof, as applicable. <br />Lessee or L..essor shall give ]0 days notice inorder to vacate. <br /> <br /> <br />
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