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12-15-2014 Council Agenda
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12-15-2014 Council Agenda
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disrupt I..ESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE <br />may, at any time following such fire or other casualty, provided LESSOR has not completed the <br />restoration required to permit LESSEE to resume its operation at the Premises, terminate this <br />Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of <br />termination shall cause this Agreement to expire with the same force and effect as though the date <br />set forth in such notice were the date originally set as the expiration date of this Agreement and <br />the Parties shall make an appropriate adjustment, as of such termination date, with respect to <br />payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall <br />abate during the period of repair following such fire or other casualty in proportion to the degree <br />to which LESSEE's use of the Premises is impaired. <br />30. CONDEMNATION. In the event of any condemnation of the Premises or <br />Property, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes <br />intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE's <br />operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE's option, <br />to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE <br />written notice of such taking (or in the absence of such notice, within fifteen (15) days after the <br />condemning authority shall have taken possession) terminate this Agreement as of the date the <br />condemning authority takes such possession. LESSEE may on its own behalf make a claim in any <br />condemnation proceeding involving the Premises for losses related to the equipment, conduits, <br />fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold <br />interest). Any such notice of termination shall cause this Agreement to expire with the same force <br />and effect as though the date set forth in such notice were the date originally set as the expiration <br />date of this Agreement and the Parties shall make an appropriate adjustment as of such <br />termination date with respect to payments due to the other under this Agreement. If LESSEE does <br />not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in <br />full force and effect as to the portion of the Premises remaining, except that the rent shall be <br />reduced in the same proportion as the rentable area of the Premises taken bears to the total <br />rentable area of the Premises. In the event that this Agreement is not terminated by reason of such <br />condemnation, LESSOR shall promptly repair any damage to the Premises caused by such <br />condemning authority. <br />31. SUBMISSION Oh AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The <br />submission of this Agreement for examination does not constitute an offer to lease the Premises <br />and this Agreement becomes effective only upon the full execution of this Agreement by the <br />Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and <br />shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto <br />warrants to the other that the person or persons executing this Agreement on behalf of such Party <br />has the full right, power and authority to enter into and execute this Agreement on such Party's <br />behalf and that no consent from any other person or entity is necessary as a condition precedent to <br />the legal effect of this Agreement. <br />32. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in <br />compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, <br />easements, zoning and land use regulations, and restrictions of record, permits, building codes, <br />MINC Craig's List <br />Land L.case Agrecmcn12604776v <br />12 <br />
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