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RES 85496
City of Pleasanton
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CITY CLERK
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1980-1989
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1985
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RES 85496
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10/1/2012 12:48:19 PM
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12/28/1999 8:30:46 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/15/1985
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DAmaGE (continued) <br />operation, use or none-use; and LESSEE shall exonerate, indemnify and save <br />harmless FMC from and against any and all liability, damage, loss, cost or <br />expense of whatsoever character which may accrue to or be sustained by FMC <br />on account of any such loss, damage or injury, or on account of <br />atLachments, liens or claims levied upon or assessed against said equipment <br />in any suit brought or claim made against LESSEE or anyone claiming through <br />LESSEE. <br /> <br /> 11. Termination: <br /> <br /> (a) Default of LESSEE. In the event that LESSEE fails to make <br />rental payments when due hereunder or otherwise defaults in the performance <br />of any of the terms and conditions of this lease, upon not less than thirty <br />days advance written notice to LESSEE, the termination hereof shall become <br />effective ipso facto upon the expiration of such thirty-dayperiod without <br />LESSEE's default having been cured to ~C's entire satisfaction. <br /> <br /> (b) Refusal or Failure to Exercise Options. In the event ~hat <br />LESSEE fails or declines to exercise an option (as hereinafter provided in <br />Paragraph 12) either to renew the lease or to purchase said equipment, <br />this agreement shall ter,ninate as of the expiration date of the lease term <br />for which rental has been paid, without liability to LESSEE on account of <br />such termination except to make prompt payment to FMC of any rentals due <br />and'unpaid, and to return said equipment to FMC in accordance with the <br />provisions of the following subparagraph (c). <br /> <br /> (c) Return of Equip~eOt Upon the expiration or sooner <br />termination of this lease, LESSEE shall immediately discontinue to use said <br />equipment and, at its own expense, return the same to FMC at the point of <br />delivery, in the same condition as it was in at the time of delivery, <br /> <br /> <br />
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