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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
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
10/13/2015
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20. ASSIGNMENT OR SUBLETTING: <br />Tenant agrees to use and occupy the Leased Property throughout the entire term hereof for the <br />purpose or purposes herein specified and for no other purposes, in the manner and to <br />substantially the extent now intended, and not to assign, sublet, license, concession or otherwise <br />transfer this Lease or Tenant's rights in the Leased Property, or any part thereof, whether by <br />voluntary act, operation of law, or otherwise, without obtaining the prior written consent of <br />Landlord in each instance. Tenant shall seek such consent of Landlord by a written request <br />therefore, setting forth such information as Landlord may deem necessary. Landlord agrees not <br />to withhold consent unreasonably. Consent by Landlord to any assignment of this Lease or to <br />any subletting of the Leased Property shall not be a waiver of Landlord's rights under this <br />paragraph as to any subsequent assignment or subletting. Landlord's rights to assign this Lease <br />are and shall remain unqualified. No such assignment or subleasing shall relieve Tenant from <br />any of Tenant's obligations in this Lease contained, nor shall any assignment or sublease or other <br />transfer of this Lease be effective unless the assignees, subtenant or transferee shall at the time of <br />such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its <br />successors or assigns, all of the terms, covenants and conditions of this Lease thereafter to be <br />performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in <br />accordance with the terms of this Lease, fifty percent (50%) of any increase in rental received by <br />Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to <br />and retained by Landlord, which increase shall be in addition to the Base Rent and Additional <br />Rent due landlord under this Lease. <br />21. ATTORNMENT: <br />In the event of any sale, transfer or assignment of Landlord's interest in the Leased Property, or <br />this Lease, or if the Leased Property comes into custody or possession of a mortgagee or any <br />other party whether because of a mortgage foreclosure, or otherwise, Tenant shall attorn to such <br />assignee or other party and recognize such party as Landlord hereunder; provided, however, <br />Tenant's peaceable possession will not be disturbed so long as Tenant faithfully performs it <br />obligations under this Lease. Tenant shall execute, on demand, any attornment agreement <br />required by any such party to be executed, containing such provisions and such other provisions <br />as such party may require. <br />22. SUCCESSORS AND ASSIGNS: <br />The terms, covenants and conditions hereof shall be binding upon and inure to the successors and <br />assigns of the parties hereto. <br />23. REMOVAL OF FIXTURES: <br />Notwithstanding anything contained in paragraph 8, paragraph 29 or elsewhere in this Lease, if <br />Landlord requests then Tenant will promptly remove at the sole cost and expense of Tenant all <br />fixtures, equipment and alterations made by Tenant simultaneously with vacating the Leased <br />Property and Tenant will promptly restore the Leased Property to the condition that existed <br />immediately prior to said fixtures, equipment and alterations having been made all at the sole <br />cost and expense of Tenant. <br />13 <br />
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