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CC WORKSESSION 03041997
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CC WORKSESSION 03041997
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7/18/2016 4:10:31 PM
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El <br />24. PURCHASE OPTION OR RIGHT OF FIRST REFUSAL TO PURCHASE <br />(Section 29V): Tenant has a right of first refusal to purchase the subject parcel <br />(subject parcel is shown on Exhibit B -1 of Lease) separate from the shopping <br />center. If Landlord decides to market the subject parcel as a separate parcel, <br />then Landlord shall give Tenant written notice thereof which notice will state <br />the sale price and other material terms. Provided that Tenant is not in <br />default under the Lease, Tenant shall have 10 business days following receipt <br />of the offer notice to accept the offer notice by submitting to Landlord a <br />purchase agreement executed by Tenant and acceptable to Landlord which <br />incorporates the terms specified in the offer notice together with earnest <br />money in cash in the minimum amount set forth in the offer notice. If <br />Tenant does not do so within the 10 -day period, Tenant shall have no further <br />rights to purchase the property and upon request by Landlord, shall deliver to <br />Landlord a termination certificate acceptable to Landlord. The right of first <br />offer provision does not include any reoffer provisions. The terms of the <br />right of first offer do not apply to any sale or other transfer of the subject <br />parcel to an affiliate of the Landlord. <br />25. SUBLEASE: None <br />26. GUARANTY (Section 13 of the data sheet): None <br />27. LEASE COMPLETENESS: <br />A. Is Lease fully executed? Yes <br />B. Are all exhibits attached? Yes <br />C. Are all amendments and addenda attached to Lease and executed? Yes <br />28. MISCELLANEOUS (Section 10G): Landlord has the right to withdraw any <br />portion of the common area from the shopping center or the subject parcel as <br />may be necessary to construct additional buildings or additions to existing <br />buildings or make any other modifications to the shopping center. <br />(Section 22) Tenant indemnifies Landlord against all claims, costs and losses <br />arising from any hazardous materials on the shopping center from Tenant's <br />business. Tenant is permitted to use, handle, store and dispose of petroleum <br />products and batteries incidental to Tenant's business in compliance with all <br />laws and subject to Tenant obtaining all necessary permits therefor. <br />
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