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2023-01-31_REVISION - C1992081
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2023-01-31_REVISION - C1992081
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Last modified
2/7/2023 6:27:16 PM
Creation date
2/7/2023 4:41:05 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1992081
IBM Index Class Name
Revision
Doc Date
1/31/2023
Doc Name
Adequacy Review Response
From
Peabody
To
DRMS
Type & Sequence
TR12
Email Name
ZTT
AME
Media Type
D
Archive
No
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2. Use of the Premises by the Grantee, its successors and assigns or attempted use of the Premises <br /> for any other purpose than those permitted by this Contract without the prior written consent <br /> of the State Land Board. <br /> 3. Failure by the Grantee to perform any of the covenants, conditions or requirements contained <br /> herein. Provided further that if the nature of the Grantee's default is such that more than <br /> thirty (30) days are reasonably required to cure such default then the Grantee shall not be <br /> deemed to be in default if the Grantee shalt commence such cure within said thirty (30) day <br /> period and thereafter diligently pursue such cure to completion. <br /> Any of the above events of default may be cured by the Grantee within thirty (30) days after written <br /> notice thereof from the State Land Board to the Grantee in accordance with Section XXV.K. <br /> B. Remedies <br /> In any event of default and in addition to any or all other rights or remedies of the State Land Board <br /> hereunder or by the law provided, the State Land Board may exercise the following remedies at its <br /> sole option: <br /> 1. Termination. Terminate the Grantee's right to possession of the Premises by any lawful means, <br /> in which case this Contract shall terminate and the Grantee shalt immediately surrender <br /> possession of the Premises to the State Land Board according to the terms of Section XI. In <br /> such event of termination, the State Land Board shall be entitled to recover from the Grantee: <br /> i. The unpaid consideration, charges, taxes and/or damages which have accrued up <br /> until the time of termination together with interest; and <br /> ii. Any other amount necessary to compensate the State Land Board for the Grantee's <br /> failure to perform its obligations under this Contract or which would be likely to <br /> result therefrom, including, but not limited to, the cost of recovering possession of <br /> the Premises, expenses of retetting, including necessary repair, renovation and <br /> alteration of the Premises, reasonable attorneys fees, and any other reasonable <br /> costs; and <br /> iii. Interest upon such amounts, which shall be one point five percent (1.5%) per month <br /> or portion thereof. Said interest shalt accrue from the dates such amounts accrued <br /> to the State Land Board until paid by the Grantee. <br /> 2. Consideration Due During Unlawful Detainer. In any successful action for unlawful detainer <br /> commenced by the State Land Board against the Grantee by reason of any default hereunder, <br /> the reasonable value of the Premises for the period of the unlawful detainer shall be two (2) <br /> times the current consideration amount specified in Section V and other charges or payments, <br /> prorated on a per diem basis, to be made by the Grantee under this Contract for such period. <br /> 3. Interest and Processing Fees; Penalties. Interest and processing fees in the amount of one point <br /> five percent (1.5%) per month or portion thereof shalt be imposed for late payments and <br /> improper or partial payments. In addition, the State Land Board may charge penalties as <br /> provided in the State Land Board's published fee schedules, as they may be amended from time <br /> to time. Said interest, processing fees, and penalties (if any) shall accrue from the dates such <br /> amounts accrued to the State Land Board until paid by the Grantee. <br /> 4. Cumulative Rights. The rights and remedies reserved to the State Land Board, including those <br /> not specifically described, shall be cumulative, and the State Land Board may pursue any or all <br /> of such rights and remedies, at the same time or separately. <br /> ROW 113070 Page 10 of 16 Revised DOL_20180717 <br />
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