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Agenda - Council - 10/13/2015
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Agenda - Council - 10/13/2015
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3/17/2025 4:11:28 PM
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10/15/2015 4:07:01 PM
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Meetings
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Agenda
Meeting Type
Council
Document Date
10/13/2015
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unexpired term of loss of any possible renewal or extension of said lease or loss of any possible <br />value of said lease, any unexpired term, renewal or extension of said Lease. <br />14. DAMAGE OR DESTRUCTION: <br />In the event of any damage or destruction to the Leased Property by fire or other cause during the <br />term hereof, the following provisions shall apply: <br />a. Significant Damages. If the Leased Property is damaged by fire or any other <br />cause to such extent that the cost of restoration, as reasonably estimated by Landlord, will equal <br />or exceed thirty percent (30%) of the replacement value of the Leased Property (exclusive of <br />foundations) just prior to the occurrence of the damage, then Landlord may, no later than the <br />sixtieth (60th) day following the damage, give Tenant written notice of Landlord's election to <br />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 value of <br />any unexpired term of this Lease except for prepaid rent. <br />Notwithstanding anything contained in this paragraph 14 to the contrary, Landlord shall only be <br />obligated to restore the Leased Property to the extent of the insurance proceeds actually received, <br />but if the insurance proceeds actually received do not permit Landlord to restore the Leased <br />Property, Landlord shall so notify Tenant and either Landlord or Tenant may terminate this <br />Lease by written notice given within 60 days after Landlord's notice. If Landlord restores the <br />Leased Property in accordance with the provisions of this Section, then Tenant shall not have any <br />right to terminate this Lease because of such damage pursuant to (i) any common law rights, (ii) <br />Minnesota Statutes §504.131 as now in effect or as it may be hereafter amended or <br />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 during the term <br />of this Lease, at its expense, maintain a policy or policies of insurance with premiums paid in <br />advance issued by an insurance company licensed to do business in the State of Minnesota <br />insuring the Leased Property against loss or damage by fire, explosion or other insurable hazards <br />and contingencies for the full insurance value, provided that Landlord shall not be obligated to <br />insure any furniture, equipment, machinery, goods or supplies not covered by this Lease which <br />Tenant may bring upon the Leased Property or any additional improvements which Tenant may <br />construct or install on the Leased Property. Tenant shall at all times during the term of this <br />Lease, at its expense, maintain a policy or policies of insurance with premiums paid in advance <br />issued by an insurance company licensed to do business in the State of Minnesota insuring its <br />property of whatever nature against loss or damage by fire, expulsion or other insurable hazards <br />and contingencies for the full insurable value of said Tenant's property, including Tenants <br />improvements to the Leased Property and Tenant's personal Property. <br />8 <br />
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