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Agenda - Council - 02/23/2010
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Agenda - Council - 02/23/2010
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Meetings
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Agenda
Meeting Type
Council
Document Date
02/23/2010
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documentation to TENANT of any such entry, including such information as why it was not <br />practical to notify TENANT, the names of the persons entering the Leased Space and the date <br />and time that entry was made to the Leased Space. <br />14. DAMAGE OR DESTRUCTION: <br />In the event of any damage or destruction to the Leased Space by fire or other cause during the <br />term hereof, the following provisions shall apply: <br />a. Significant Damages. If the Leased Space is damaged by fire or any other cause <br />to such extent that the cost of restoration, as reasonably estimated by LANDLORD, will equal or <br />exceed thirty percent (30 %) of the replacement value of the Leased Space (exclusive of <br />foundations) just prior to the occurrence of the damage, then LANDLORD may, no later than the <br />sixtieth (60'`) day following the damage, give TENANT written notice of LANDLORD's <br />election to terminate this Lease. <br />b. Date of Termination. In the event LANDLORD elects to terminate this Lease, it <br />shall be deemed to terminate on the date of the occurrence of damage or destruction and all <br />rentals shall be paid up to that date. TENANT shall have no claim against LANDLORD for the <br />value of any unexpired term of this Lease except for prepaid rent. <br />Notwithstanding anything contained in this paragraph 15 to the contrary, LANDLORD shall <br />only be obligated to restore the Leased Space to the extent of the insurance proceeds actually <br />received, but if the insurance proceeds actually received do not permit LANDLORD to restore <br />the Leased Space, LANDLORD shall so notify TENANT and either LANDLORD or TENANT <br />may terminate this Lease by written notice given within 60 days after LANDLORD's notice. If <br />LANDLORD restores the Leased Space in accordance with the provisions of this Section, then <br />TENANT shall not have any right to terminate this Lease because of such damage pursuant to (i) <br />any common law rights, (ii) Minnesota Statutes §504.131 as now in effect or as it may be <br />hereafter amended or supplemented, or (iii) any comparable right established b a similar statute. <br />15. CASUALTY INSURANCE: <br />a. LANDLORD and TENANT Obligations. LANDLORD shall at all times <br />during the term of this Lease, at its expense, maintain a policy or policies of insurance with <br />premiums paid in advance issued by an insurance company licensed to do business in the State of <br />Minnesota insuring the Leased Space against loss or damage by fire, explosion or other insurable <br />hazards and contingencies for the full insurance value, provided that LANDLORD shall not be <br />obligated to insure any furniture, equipment, machinery, goods or supplies not covered by this <br />Lease which TENANT may bring upon the Leased Space or any additional improvements which <br />TENANT may construct or install on the Leased Space. TENANT shall at all times during the <br />term of this Lease, at its expense, maintain a policy or policies of insurance with premiums paid <br />in advance issued by an insurance company licensed to do business in the State of Minnesota <br />insuring its property of whatever nature against loss or damage by fire, expulsion, or other <br />insurable hazards and contingencies for the full insurable value of said TENANT's property, <br />including TENANT's improvements to the Leased Space and TENANT's personal Property. <br />
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