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Resolution 8333
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08000 - 08499 (2012-2016)
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Resolution 8333
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Last modified
6/25/2019 10:09:04 AM
Creation date
12/9/2014 10:28:45 AM
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MV City Council
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Resolutions
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DRAFT <br /> the Building or to any space therein to such a degree as to be objectionable to Landlord or to any <br /> tenant in the Building shall be installed and maintained by Tenant, at Tenant's expense, on <br /> vibration eliminators or other devices sufficient to eliminate noise and vibration. Landlord shall <br /> have the right at any time to limit the weight and prescribe the position of safes, concentrated <br /> filing systems and other heavy equipment or fixtures. <br /> All moving of furniture, equipment and other material shall be done under the direct <br /> control and supervision of Landlord who shall, however, not be responsible for any damage to or <br /> charges for moving the same unless damage is the direct result of Landlord's sole and gross <br /> negligence. Any and all damage or injury to the premises or the Building caused by moving the <br /> property of Tenant in or out of the Premises, or due to the same being on the Premises, shall be <br /> repaired by, and at the sole cost of, Tenant. No deliveries or pickups shall be left unattended at <br /> the loading dock. <br /> 8. RIGHT OF ENTRY: <br /> Landlord will not provide Tenant keys to the Premises or permit unrestricted access of <br /> any means; entry to Premises shall be limited to ordinary hours of Building operation, as posted, <br /> at times pre-determined to not cause a conflict with other tenants or scheduled events. Landlord <br /> shall use reasonable efforts to not unreasonably interfere with the conduct of Tenant's business, <br /> but Landlord shall in no event be liable to Tenant for any damages in connection with such <br /> limited entry or access. <br /> Landlord reserves the right to impose such reasonable security restrictions in the common <br /> areas as it deems appropriate from time to time. <br /> 9. SERVICES AND UTILITIES: <br /> Landlord agrees to pay all charges for utility services to the Premises during the term of <br /> this Lease including, but not limited to, gas, electric, sewer, water, sprinkler alarm system, <br /> security systems and rubbish removal. Tenant shall not commit waste or use any of the utilities <br /> in excess of ordinary and reasonable use. <br /> 10. PROTECTION FROM SUBROGATION: <br /> Anything in this Lease to the contrary notwithstanding, neither Landlord nor Tenant shall <br /> be liable to the other for any business interruption or any loss or damage to property or injury to <br /> or death of persons occurring on the Premises or the adjoining properties, mall areas, sidewalks, <br /> streets or alleys, or in any manner growing out of or connected with Tenant's use and occupation <br /> of the Premises, or the condition thereof or of mall areas, sidewalks, streets or alleys adjoining, <br /> caused by the negligence or other fault of Landlord, or Tenant or of their respective agents, <br /> employees, subtenants, licensees or assignees to the extent that such business interruption or loss <br /> or damage to property or injury to or death of person is covered by or indemnified by proceeds <br /> received from insurance carried by other party (regardless of whether such insurance is payable <br /> to or protects Landlord or Tenant or both) or for which such party is otherwise reimbursed; and <br /> Landlord and Tenant each hereby respectively waive all rights of recovery against the other, its <br /> agents, employees, subtenants, licensees and assignees, for any such loss or damage to property <br /> 5 <br /> 416585v5 SJR MU210-35 <br />
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