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Agenda - Council - 08/13/2002
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Agenda - Council - 08/13/2002
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Meetings
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Agenda
Meeting Type
Council
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08/13/2002
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the demised premises on the dissolution of LESSOR or otherwise, for nominal or no consideration, <br />and LESSEE shall have no right to purchase the property in the event of a transfer or conveyance. <br /> <br /> SECTION THIRTY <br />EFFECT OF EMINENT DOMAIN <br /> <br /> A. Effect of total condemnation. In the event the entire demised premises shall be <br />appropriated or taken under the power of eminent domain by any public or quasi-public authority, <br />this lease agreement shall terminate and expire as of the date of the taking, and LESSEE shall then <br />be released fi'om any liability thereafter accruing under this lease agreement. <br /> B. Effect of partial condemnation. In the event a portion of the demised premises shall <br />be so appropriated or taken and the remainder of the property shall not be suitable for the use then <br />being made of the property by LESSEE, or if the remainder of the property is not one undivided <br />parcel of property, LESSEE shall have the right to terminate this lease agreement as of the date of <br />the taking on giving to LESSOR written notice of termination within 30 days after LESSOR has <br />notified LESSEE in writing that the property has been so appropriated or taken. <br /> C. If there is a partial taking and LESSEE does not so terminate this lease agreement, <br />then this lease agreement shall continue in full force and effect as to the part not taken, and the <br />rental to be paid by LESSEE during the remainder of the term, subject to adjustment as provided in <br />the rental adjustment provisions of Section Three of this lease agreement, shall be determined in the <br />manner provided for in the rental adjustment provisions: Any such determination shall not affect or <br />change the times at which LESSOR may require an adjustment in rent under those provisions; <br />provided, however, that the words "which in no event shall be less than the rental then being paid <br />by LESSEE" appearing in the rental adjustment provisions shall not apply with respect to such <br />determination, but shall apply with respect to any subsequent adjustment under the rental <br />adjustment provisions. <br /> D. Condemnation award. In the event of the termination of this lease agreement by <br />reason of the total or partial taking of the premises by eminent domain, then in any such <br />condemnation proceedings, LESSOR and LESSEE shall be free to make claim against the <br />condemning or taking authority for the amount of any damage done to them, respectively, as a <br />result of the condemmng' or taking.' ,='....~.~m~,~.~,~ cr~?'~-~,~a- ~.~m e~m~, ~,, ~ ~>: ;~2e~z.:. · m <br /> <br />SECTION THIRTY-ONE <br />SURRENDER OF LEASE <br /> <br /> The voluntm3' or other surrender of this lease agreement by LESSEE, or a mutual <br />cancellation of this lease agreement, shall not work a merger, and shall, at the option of LESSOR, <br />terminate all or any existing subleases or subtenancies, or may, at the option of LESSOR, operate <br />as an assignment to it of any or all such subleases or subtenancies. <br /> <br />14 <br /> <br />-235- <br /> <br /> <br />
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