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Agenda Packets - 2015/12/28
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Agenda Packets - 2015/12/28
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Last modified
1/28/2025 4:51:49 PM
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6/19/2018 5:32:10 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
12/28/2015
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City Council Document Type
City Council Packets
Date
12/28/2015
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<br />7 <br />416585v5 SJR MU210-35 <br />Such liability for property damage and fire legal liability shall not be less than $500,000.00 Such <br />liability, umbrella and/or excess policies may be subject to aggregate limits so long as the aggregate <br />limits have not at any pertinent time been reduced to less than the policy limit stated above, and <br />provided further that any umbrella or excess policy provides coverage from the point that such <br />aggregate limits in the basic policy become reduced or exhausted. Landlord shall be named as <br />additional insured under all such policies. <br /> <br /> At least ten (10) days prior to entry by Tenant on the Premises, Tenant shall deliver to <br />Landlord evidence that the insurance required by this Lease is in full force and effect. At least thirty <br />(30) days prior to expiration of any such coverage, Tenant shall deliver evidence that the coverage in <br />question will be renewed or replaced upon expiration. Such evidence of insurance shall be in writing <br />signed by a party authorized to bind the insurer, authorize Landlord to rely thereon, and shall contain <br />sufficient information to enable Landlord to determine whether Tenant's insurance complies with the <br />requirements of this Lease. Upon request, Tenant shall also furnish insurer-certified copies of all <br />pertinent policies. All polices used to provide the coverage required by this Lease shall (i) be <br />endorsed to require the insurer to provide at least thirty (30) days’ notice to Landlord prior to <br />cancellation or non-renewal, and (ii) be issued by financially sound companies having an A.M. Best <br />Company rating of at least A:VII. <br /> <br /> 13. FIRE OR OTHER CASUALTY: <br /> <br /> If the Premises or the Building shall be damaged by fire or other cause Landlord shall at its <br />option either (a) undertake to restore such damage with all due diligence, or (b) in the event the <br />Premises or the Building are damaged by fire or other cause to such extent that damage cannot, in <br />Landlord's sole judgment, be economically repaired within 90 days after the date of such damage <br />(taking into account the time necessary to effectuate a satisfactory settlement with any insurance <br />company and using normal construction methods without overtime or other premium), terminate this <br />Lease, by notice given to Tenant within 60 days after the date of the damage. Any termination <br />hereunder by reason of damage to the Premises shall be effective as of the date of the damage. Any <br />termination by reason of damage to the Building but not the Premises shall be effective as of the date <br />notice is given. If Landlord elects to restore, Landlord shall not be obligated to restore any <br />improvements in the Premises which were not owned and constructed by Landlord. Upon <br />substantial completion by Landlord of its work, Tenant shall undertake to restore its leasehold <br />improvements and trade fixtures with all due diligence. This Lease shall, unless terminated by <br />Landlord, remain in full force and effect following such damage, and, in the case of damage to the <br />Premises, the Rent, prorated to the extent that the Premises are rendered untenantable, shall be <br />equitably abated until such repairs are completed; provided, however, that if Tenant does not restore <br />its leasehold improvements and trade fixtures with due diligence, abatement shall cease as of the date <br />restoration could have been completed using due diligence. <br /> <br /> 14. CONDEMNATION: <br /> <br /> If the whole or any substantial part of the Premises shall be taken or condemned or purchased <br />under threat of condemnation by any governmental authority, then the Term of this Lease shall cease <br />and terminate as of the date when the interference with the possession, enjoyment or value of the <br />Premises occurs and Tenant shall have no claim against the condemning authority, Landlord or <br />otherwise, for any portion of the amount that may be awarded as damages as a result of such taking <br />or condemnation or for the value of any unexpired Term of the Lease, provided, however, that
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