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Resolution 8700
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Resolution 8700
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6/25/2019 10:08:25 AM
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6/15/2017 10:35:39 AM
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MV City Council
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sufficient to eliminate noise and vibration. Landlord shall have the right at any time to limit the <br /> weight and prescribe the position of safes,concentrated filing systems and other heavy equipment or <br /> fixtures. <br /> All moving of furniture,equipment and other material shall be done under the direct control <br /> and supervision of Landlord who shall,however,not be responsible for any damage to or charges for <br /> moving the same unless damage is the direct result of Landlord's sole and gross negligence. Any <br /> and all damage or injury to the premises or the Building caused by moving the property of Tenant in <br /> or out of the Premises,or due to the same being on the Premises,shall be repaired by,and at the sole <br /> cost of, Tenant. No deliveries or pickups shall be left unattended at the loading dock. <br /> 8. RIGHT OF ENTRY: <br /> Landlord will not provide Tenant keys to the Premises or permit unrestricted access of any <br /> means;entry to Premises shall be limited to ordinary hours of Building operation,as posted,at times <br /> pre-determined to not cause a conflict with other tenants or scheduled events. Landlord shall use <br /> reasonable efforts to not unreasonably interfere with the conduct of Tenant's business,but Landlord <br /> shall in no event be liable to Tenant for any damages in connection with such 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 this <br /> Lease including, but not limited to, gas, electric, sewer, water, sprinkler alarm system, security <br /> systems and rubbish removal. Tenant shall not commit waste or use any of the utilities in excess of <br /> ordinary and reasonable use. <br /> 10. PROTECTION FROM SUBROGATION: <br /> Anything in this Lease to the contrary notwithstanding,neither Landlord nor Tenant shall be <br /> liable to the other for any business interruption or any loss or damage to property or injury to or death <br /> of persons occurring on the Premises or the adjoining properties, mall areas, sidewalks, streets or <br /> alleys, or in any manner growing out of or connected with Tenant's use and occupation of the <br /> Premises, or the condition thereof or of mall areas,sidewalks, streets or alleys adjoining,caused by <br /> the negligence or other fault of Landlord, or Tenant or of their respective agents, employees, <br /> subtenants, licensees or assignees to the extent that such business interruption or loss or damage to <br /> property or injury to or death of person is covered by or indemnified by proceeds received from <br /> insurance carried by other party (regardless of whether such insurance is payable to or protects <br /> Landlord or Tenant or both) or for which such party is otherwise reimbursed; and Landlord and <br /> Tenant each hereby respectively waive all rights of recovery against the other,its agents,employees, <br /> subtenants,licensees and assignees,for any such loss or damage to property or injury to or death of <br /> persons to the extent the same is covered or indemnified by proceeds received from any such <br /> insurance, or for which reimbursement is otherwise received. Landlord's and Tenant's respective <br /> policies of insurance shall each contain a waiver of subrogation provision incorporating the above <br /> covenant and providing that the insurance shall not be invalidated by the insured's written waiver <br /> 5 <br /> 416585v5 SJR MU210-35 <br />
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