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PL PACKET 11202001
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PL PACKET 11202001
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Last modified
12/30/2015 7:39:40 PM
Creation date
12/30/2015 7:39:24 PM
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SP Box #
27
SP Folder Name
PL PACKETS 2000-2004
SP Name
PL PACKET 11202001
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• required to be maintained by the terms of this Lease. Landlord hereby waives any <br /> claims against Tenant relating to,and Tenant shall not be liable to Landlord for,any <br /> damage to any property occurring in, on or about the Property due to any reason. <br /> including Tenant's negligence, and Landlord assumes all risks of damage to such <br /> property;provided, the waiver and assumption contemplated by this sentence shall <br /> apply only to the extent any such damage is covered by Landlord's insurance in <br /> place or required to be maintained by the terms of this Lease. <br /> 16. Condemnation. <br /> (a) If any substantial part of the Building.Property or Premises should be taken for any <br /> public or quasi-public use under any governmental law,ordinance or regulation,or <br /> by right of eminent domain, or by private purchase in lieu thereof, and the taking <br /> would prevent or materially interfere with the use of the Building or Premises for <br /> the purpose for which it is then being used, at the sole option of bandlod, this <br /> Lease shall terminate effective when the condemning authority acquires possession <br /> in the same manner as if the date of such taking were the date originally fixed in this <br /> Lease for the expiration of the Lease Term. <br /> (b) If part of the Building or Premises shall be taken by right of eminent domain,or by <br /> private purchase in lieu thereof, and this Lease is not terminated as provided in <br /> subparagraph 16(a) above, this Lease shall not terminate but the rent payable <br /> hereunder during the unexpired portion of this Lease shall be reduced to such <br /> extent,if any,as may be fair and reasonable under all of the circumstances.In.such <br /> • event,Landlord shall undertake to restore the Building and Premises to a condition <br /> suitable for Tenant's use,as near to the condition thereof immediately prior to the <br /> taking of such improvements as is reasonably feasible under all the circumstances. <br /> (c) Upon any such taking or purchase,Landlord shall be entitled to receive and retain <br /> the entire award or consideration for the affected lands and improvements,subject <br /> to the rights of the holder of any mortgage of Landlord's interest in the Property or <br /> the Building, and Tenant shall not have nor advance any claims against Landlord <br /> or the condemning authority for the value of its property or its leasehold estate or <br /> the unexpired Lease Term,or business interruption expense or any other damages <br /> arising out of such taking or purchase; provided, the foregoing shall not be <br /> construed to preclude Tenant from seeking and recovering on its own account from <br /> the condemning authority any separate award or compensation attributable solely <br /> to the taking or purchase of Tenant's chattels or trade fixtures or attributable to <br /> Tenant's relocation expenses provided that any such separate claim by Tenant shall <br /> not reduce or adversely affect the amount of Landlord's award. If any such award <br /> made or compensation paid to either party specifically includes an award or amount <br /> for the other, the party first receiving the same shall promptly account therefor to <br /> the other. <br /> 17. Indemnification. Subject to the waiver of claims set forth in Paragraph 15(f)hereof,Tenant <br /> shall indemnify Landlord from and against any and all demands and liabilities arising from or relating to <br /> injury or loss of life to persons or damage to or loss of property to the extent occurring in the Premises or <br /> • arising from Tenant's negligence or intentional misconduct; provided, Tenant's obligation to indemnify <br /> 13 <br />
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