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Agenda - Council - 06/09/2009 - Special
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Agenda - Council - 06/09/2009 - Special
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3/18/2025 4:00:31 PM
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6/4/2009 1:08:59 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Title
Special
Document Date
06/09/2009
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<br />11.2 To Show. Upon twenty-four (24) hours notice to the Tenant, Landlord or <br />Landlord's agents shall have the right to show the Leased Premises to persons wishing to <br />purchase or lease the same. During the ninety (90) day period prior to the expiration of the term <br />of this Lease, or any renewal thereof, Lalldlord or Landlord's agents shall have the right to place <br />the usual "to let" notice on the Leased Premises, and Tenant agrees to permit same to remain <br />thereon without hindrance or molestation. <br /> <br />11.3 For repairs. Landlord and Landlord's agents shall have the right to enter the <br />Leased Premises at all times upon reasonable notice, except in emergencies, and then without <br />notice, to make necessary repairs and to take all material into and upon the Leased Premises as <br />may be required of any such purposes without the same constituting an eviction of Tenant in <br />whole or in part, provided the Landlord repairs and refinishes the affected areas and provided <br />that Tenant's use of the Leased Premises is not unreasonably diminished and Tenant's use and <br />enjoyment of the Leased Premises is not unreasonably interfered with. <br /> <br />12. CONDEMNATION <br /> <br />12.1 Total or Material Partial Condemnation. If the entire Leased Premises is taken <br />or condemned by any authority having the power of eminent domain, this Lease shall at once <br />cease and terminate and any rents and all additional payments due hereunder shall be <br />apportioned, as of the date when Tenant shall by reason of such taking or condemnation, lose the <br />right to the possession of the Leased Premises. If fifty percent (50%) or more of the rentable <br />area of the Leased Premises is taken or condemned by any authority having the power of eminent <br />domain or if a material portion of the Leased Premises is so taken that Tenant's business can no <br />longer be carried on therein, Tenant shall have the right to terminate this Lease by giving written <br />notice thereof to Landlord hereto within ninety (90) days after the taking or condemnation. If <br />Tenant elects to terminate this Lease by reason of said taking or condemnation, this Lease shall <br />cease and terminate, and any rents and all additional payments due hereunder shall be <br />apportioned. <br /> <br />12.2 Non-Material Partial Condemnation. If any portion of the Leased Premises is <br />taken or condemned by any authority having the power of eminent domain and this Lease is not <br />thereby terminated by either party hereto, Landlord shall, at its expense, restore the Leased <br />Premises, exclusive of any improvements or changes made to the Leased Premises by Tenant, to <br />as near the condition which existed immediately prior to the day of taking as reasonably possible, <br />and rent shall abate during such period of time as the Leased Premises is untenantable, in the <br />proportion that the untenantable portion of the Leased Premises bears to the entire Leased <br />Premises; provided, however, that Landlord shall have no obligation to expend any amount for <br />such restoration beyond the net amount received by Landlord as damages for the portion of <br />Leased Premises so taken. <br /> <br />12.3 Disposition of Condemnation Award. All compensation awarded for any taking <br />of the Leased Premises or any part thereof, including both the fee and the leasehold estate, shall <br />belong to and be the property of Landlord; provided, however, that any compensation awarded <br />for any alterations, additions or improvements made at the Tenant's expense shall be the <br />Tenant's. Any separate award made to Tenant for moving and relocation expenses shall be <br />Tenant's sole property. <br /> <br />8 <br />
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