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Agenda - Council Work Session - 01/10/2012
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Agenda - Council Work Session - 01/10/2012
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council Work Session
Document Date
01/10/2012
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the Property to prospective Tenants and to display "For Lease" or similar signs on windows or <br />doors in the Property during the last one hundred eighty (180) days of the term of this Lease, all <br />without hindrance or molestation by Tenant. <br />13. EMINENT DOMAIN: <br />In the event of any eminent domain or condemnation proceeding or private sale in lieu thereof in <br />respect to the Property during the term thereof, the following provisions shall apply: <br />a. Property Acquired If the whole of the Property shall be acquired or condemned <br />by eminent domain for any public or quasi -public use or purpose, then the term of this Lease <br />shall cease and terminate as of the later of the end of the notice period pursuant to paragraph 1B <br />or the date possession shall be taken in such proceeding and all rentals shall be paid up to that <br />date. <br />b Part of Property Acquired. If any part constituting less than the whole of the <br />Property shall be acquired or condemned as aforesaid, and in the event that such partial taking or <br />condemnation shall materially affect the Property so as to render the Property unsuitable for the <br />business of Tenant, in the reasonable opinion of Landlord or Tenant, then the term of this Lease <br />shall cease and terminate as of the date possession shall be taken by the condemning authority <br />and rent shall be paid to the date of such termination. <br />In the event of a partial taking or condemnation of the Property which shall not materially affect <br />the Property so as to render the Property unsuitable for the business of Tenant, in the reasonable <br />opinion of Landlord or Tenant, this Lease shall continue in full force and effect but with a <br />proportionate abatement of the Base Rent and Additional Rent based on the portion if any, of the <br />Property taken. Landlord reserves the right, at its option, to restore the Property to substantially <br />the same condition as they were prior to such condemnation. In such event, Landlord shall give <br />written notice to Tenant, within 30 days following the date possession shall be taken by the <br />condemning authority, of Landlord's intention to restore. Upon Landlord's notice of election to <br />restore, Landlord shall commence restoration and shall restore the Property with reasonable <br />promptness, subject to delays beyond Landlord's control and delays in the making of <br />condemnation or sale proceeds adjustment by Landlord; and Tenant shall have no right to <br />terminate this Leas except as herein provided. Upon completion of such restoration, the rent shall <br />be adjusted based upon the portion, if any, of the Property restored. <br />a. Tenant Waiver. In the event of any condemnation or taking as aforesaid, <br />whether whole or partial, Tenant shall not be entitled to any part of the award paid for such <br />condemnation and Landlord is to receive the full amount of such award, Tenant hereby expressly <br />waives any right to claim to any part thereof. <br />b. Tenant Damages. Although all damages in the event of any condemnation shall <br />belong to Landlord whether such damages are awarded as compensation for diminution in value <br />of the leasehold or to the fee of the Property, Tenant shall have the right to claim and recover <br />from the condemning authority, but not from Landlord, such compensation as may be separately <br />awarded or recoverable by Tenant in Tenant's own right on account of any and all damage to <br />Tenant's business by reason of the condemnation and of or on account of any cost or loss to <br />8 <br />
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