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Resolution 9338
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Resolution 9338
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12/1/2020 3:02:40 PM
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12/1/2020 2:57:11 PM
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MV City Council
City Council Document Type
Resolutions
Date
11/23/2020
Resolution/Ordinance Number
9338
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13. FIRE OR OTHER CASUALTY: <br />If the Premises or the Building shall be damaged by fire or other cause Landlord shall at <br />its option either (a) undertake to restore such damage with all due diligence, or (b) in the event <br />the Premises or the Building are damaged by fire or other cause to such extent that damage <br />cannot, in Landlord's sole judgment, be economically repaired within 90 days after the date of <br />such damage (taking into account the time necessary to effectuate a satisfactory settlement with <br />any insurance company and using normal construction methods without overtime or other <br />premium), terminate this Lease, by notice given to Tenant within 60 days after the date of the <br />damage. Any termination hereunder by reason of damage to the Premises shall be effective as of <br />the date of the damage. Any termination by reason of damage to the Building but not the <br />Premises shall be effective as of the date notice is given. If Landlord elects to restore, Landlord <br />shall not be obligated to restore any improvements in the Premises which were not owned and <br />constructed by Landlord. Upon substantial completion by Landlord of its work, Tenant shall <br />undertake to restore its leasehold improvements and trade fixtures with all due diligence. This <br />Lease shall, unless terminated by Landlord, remain in full force and effect following such <br />damage, and, in the case of damage to the Premises, the Rent, prorated to the extent that the <br />Premises are rendered untenantable, shall be equitably abated until such repairs are completed; <br />provided, however, that if Tenant does not restore its leasehold improvements and trade fixtures <br />with due diligence, abatement shall cease as of the date restoration could have been completed <br />using due diligence. <br />14. CONDEMNATION: <br />If the whole or any substantial part of the Premises shall be taken or condemned or <br />purchased under threat of condemnation by any governmental authority, then the Term of this <br />Lease shall cease and terminate as of the date when the interference with the possession, <br />enjoyment or value of the Premises occurs and Tenant shall have no claim against the <br />condemning authority, Landlord or otherwise, for any portion of the amount that may be <br />awarded as damages as a result of such taking or condemnation or for the value of any unexpired <br />Term of the Lease, provided, however, that landlord shall not be entitled to any separate award <br />made to Tenant for loss of business, relocation costs or the value of the cost of removal of stock <br />and trade fixtures and any such award is hereby condemned to the extent that it cannot, in <br />Landlord's sole judgment, be economically restored within a reasonable time, Landlord shall <br />have the option by notice given to Tenant within 30 days after the date of interference with <br />possession, to terminate this Lease as of the date of such interference with possession. <br />15. DEFAULT: <br />Any one of the following events shall constitute an Event of Default: <br />(i) Tenant shall fail to pay any monthly installment of Rent as herein <br />provided; <br />(ii) Tenant shall violate or fail to perform any of the other conditions, <br />covenants or agreements herein made by Tenant and such default shall continue <br />for 30 days after notice from Landlord; provided, however, that if the nature of <br />such default is such that Tenant can cure the default, but not within fifteen (15) <br />8 <br />MU210-35-681286.v2 <br />
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