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CC WORKSESSION 03041997
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CC WORKSESSION 03041997
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7 <br />located upon the shopping center in an amount not less than the greater of <br />80% of the full insurable value of the buildings or the amount sufficient to <br />prevent Landlord from becoming a co- insurer. Landlord is also required to <br />obtain rent loss insurance for a period of not less than six months. Landlord's <br />insurance costs are passed through to the Tenant. <br />19. CONDEMNATION PROVISION (Section 17): If 25% of more of the parking <br />area in the subject parcel or at least 25% of the rentable area of the subject <br />parcel is taken or at least 25% of the square footage of the premises is taken, <br />then Landlord has the option to terminate the Lease on 60 days' prior written <br />notice to Tenant. <br />If one -third or more of the floor area of the premises is taken, then Tenant <br />may elect to terminate the Lease upon 10 days' prior written notice to <br />Landlord. <br />If all or a portion of the parking area is taken such that the remaining <br />available parking area does not meet the governmental requirements, then <br />Tenant may notify Landlord in writing that it intends to terminate the Lease <br />unless Landlord makes sufficient parking available in a location reasonably <br />accessible to the premises in order to meet the required governmental <br />standards for the premises. Landlord has 90 days from the date of receipt of <br />Tenant's notice to provide such substitute parking. <br />The award for any taking shall be the sole property of Landlord. <br />20. PROVISIONS REGARDING WITHHOLDING, OFFSETTING OR ABATING <br />RENTS: None <br />21. SUBORDINATION PROVISION (Section 21): Tenant's rights under this <br />Lease are subordinate to any mortgage, ground lease or other security <br />instrument hereinafter placed upon the shopping center or any part thereof; <br />provided, however, that non - disturbance is required so long as Tenant is not <br />in default under the Lease. <br />22. ESTOPPEL CERTIFICATE (Section 29R): Tenant agrees to execute estoppels <br />upon 10 days' prior written request by Landlord. Tenant appoints Landlord as <br />its attorney -in -fact to execute such estoppel in the event Tenant fails to do so <br />within 10 days following receipt of Landlord's request. <br />23. ASSIGNMENT /SUBLEASING (Section 16): Tenant may not assign the Lease <br />or sublet the premises without the prior written consent of Landlord, which <br />consent may be withheld in Landlord's sole discretion. All rentals received by <br />Tenant from any subtenants in excess of the rent payable by Tenant to <br />Landlord under this Lease shall be payable to Landlord. <br />
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