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2002-100
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2002-100
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21.1 Upon the occurrence of an Event of Default, the Landlord shall send a <br /> written notice to Tenant, in the manner set forth in this Lease, setting forth the Event of <br /> Default in specific detail and the date this Lease shall terminate in the event Tenant <br /> does not cure the default. <br /> 21.2 Within thirty (30) days following receipt of a default notice, Tenant shall have <br /> cured the default to the reasonable satisfaction of Landlord. <br /> 21.3 In the event Tenant fails to cure the Event of Default within thirty (30) days, <br /> this Lease shall be deemed to be terminated with no further action by the Landlord. <br /> 22. TERMINATION BY TENANT. Tenant shall have the right, upon providing thirty <br /> (30) days prior written notice to the Landlord in the manner set forth in this Lease, to <br /> terminate this Lease at any time after the occurrence of one or more of the following <br /> events: <br /> 1) Issuance by any court of competent jurisdiction of any injunction <br /> substantially restricting the use of the Leased Premises for the purposes <br /> of operating the Gifford Youth Activity Center, and such injunction <br /> remains in force for a period of more than sixty (60) calendar days; or <br /> 2) A breach by the Landlord of any of the terms, covenants or conditions <br /> contained in this Lease to be performed by the Landlord and the failure of the <br /> Landlord to remedy such breach for a period of thirty (30) calendar days after <br /> receipt of written notice thereof. <br /> 3) Termination for Nonappropriation. In the event that the Landlord in any fiscal <br /> year fails to appropriate sufficient funds (in the sole determination of the <br /> Tenant), to continue operation of the facility, the Tenant may terminate the <br /> Lease by giving the Landlord ninety (90) days' written notice. <br /> 23. QUIET ENJOYMENT. If and so long as Tenant performs all Tenant's obligations <br /> under this Lease, Landlord covenants that Tenant shall and may quietly hold and enjoy <br /> the Leased Premises, subject to any applicable laws, ordinances, and governmental <br /> regulations, and to any governmental actions, and to any taking under the power of <br /> eminent domain. <br /> 24. GOVERNING LAW. This Lease shall be governed by the laws of the State of <br /> Florida and any and all legal action instituted because of this Lease shall be instituted in <br /> Indian River County. <br /> 25. CUMULATIVE REMEDIES; NON-WAIVER. Each right, power and remedy of the <br /> Landlord or the Tenant provided for in this Lease shall be cumulative and concurrent and <br /> shall be in addition to every other right, power or remedy provided for in this Lease or now <br /> or hereafter existing at law or in equity or by statute or otherwise. The failure of either <br /> party to insist upon compliance by the other party with any obligation, or exercise any <br /> remedy, does not waive the right to so in the event of a continuing or subsequent <br /> delinquency or default. A party's waver of one or more defaults does not constitute a <br /> 6 <br />
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