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Agenda Packets - 1999/01/11
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Agenda Packets - 1999/01/11
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Last modified
1/28/2025 4:45:54 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
1/11/1999
Supplemental fields
City Council Document Type
City Council Packets
Date
1/11/1999
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13.4 COSTS, EXPENSES AND ATTORNEYS FEES. If one party is required to <br /> seek legal counsel for collection or to commence litigation or arbitration in order to enforce <br /> the covenants and agreements in this Lease,the party prevailing in such collection, litigation or <br /> arbitration shall have the right to reimbursement from the other party of all reasonable costs, <br /> expenses and attorney's fees. <br /> ARTICLE XIV-ESTOPPEL CERTIFICATE <br /> ATTORNMENT AND SUBORDINATION <br /> 14.1 ESTOPPEL CERTIFICATE. Within ten(10) days after the request by Landlord, <br /> Tenant shall deliver to Landlord a written and acknowledged statement certifying that Landlord <br /> has completed construction of the Demised Premises,that Tenant has accepted possession of the <br /> Demised Premises,that this Leases is unmodified and in full force and effect(or if there have <br /> been modifications,that the same is in full force and effect as modified and stating the <br /> modifications),the commencement date and termination date of the Lease,that Landlord is not in <br /> default under the Lease (or, if there is a default, stating specifically the default) and the dates to <br /> which the"minimum rent" and other charges have been paid in advance, if any, it being intended <br /> that any such statement delivered pursuant to this Article may be relied upon by any prospective <br /> purchaser or mortgagee of the fee of the Demised Premises. <br /> 14.2 ATTORNMENT. Upon request of Landlord,Tenant shall in the event any <br /> proceedings are brought for the foreclosure of or in the event of exercise of the power of sale <br /> under any mortgage made by Lessor covering the Demised Premises, attorn to the purchaser <br /> upon any foreclosure or sale and recognize such purchaser as Landlord under this Lease. <br /> 14.3 ATTORNEY-IN-FACT. Tenant,upon request of any party in interest, shall <br /> execute promptly such instruments or certificates to carry out the intent of sections 14.1 and 14.2 <br /> above. Tenant hereby irrevocably appoints Landlord as attorney in fact for Tenant with full <br /> power and authority to execute and deliver in the name of Tenant nay such instruments or <br /> certificates. <br /> 14.4 SUBORDINATION. Upon request of landlord, Tenant shall, in writing, <br /> subordinate its right hereunder to any ground leases of to the lieu of any mortgage or mortgages, <br /> or the lien,resulting from any other method of financing or refinancing, now or hereafter in force <br /> against the land and/or buildings of which the Demised Premises are a part or against any <br /> buildings hereafter placed upon the land of which the Demised Premises are parts, and to all <br /> advances made or hereafter to be made upon the security thereof,provided Tenant is granted <br /> non-disturbance rights. <br /> 14.5 RECORDATION. This Lease shall not be recorded without the prior consent of <br /> Landlord. Upon the request of the Landlord, Tenant shall execute a short form of this Lease <br /> which may be recorded in Landlord's sole discretion. <br /> Page 13 DRAFT-- 12/15/98--CHS Lease agreement <br />
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