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Agenda - Council - 10/23/2018
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Agenda - Council - 10/23/2018
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
10/23/2018
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action against Landlord and its agents, servants and employees for loss or damage to, or <br />destruction of, any of the improvements, fixtures, equipment, supplies, merchandise and other <br />Leased Property, whether that of Tenant or of others, upon or about the Leased Property <br />resulting from fire, explosion or the other perils included in standard extended coverage <br />insurance, whether caused by the negligence of any of said persons or otherwise. The waiver <br />shall remain in force whether or not Tenant's insurer shall consent thereto. <br />d. Tenant Payment. In the event that the use of the Leased Property by Tenant <br />increases the premium rate for insurance carried by Landlord, Tenant shall pay Landlord, upon <br />demand, the amount of such premium increase. If tenant installs any electrical equipment that <br />overloads the power lines to the building or its wiring, Tenant shall, at its own expense, make <br />whatever changes are necessary to comply with the requirements of the insurance underwriter, <br />insurance rating bureau and governmental authorities having jurisdiction. <br />17. PUBLIC LIABILITY INSURANCE: <br />Tenant shall during the term hereof keep in full force and effect at its expense a policy or policies <br />of public liability insurance with respect to the Leased Property and the business of Tenant, on <br />terms with companies approved in writing by Landlord, in Landlord and Landlord's designees <br />are named as additional insured under prudent limits of liability not less than: $500,000.00 for <br />injury/death to any one person; $1,000,000.00 for injury/death to more than one person, and <br />$500,000.00 with respect to damage to Leased Property. Such policy(ies) shall: (i) provide that <br />such policies are primary and landlord's policy(ies) are noncontributing; (ii) include a cross - <br />liability endorsement, and (iii) require that at least 30 days prior written notice must be given to <br />Landlord prior to cancellation, expiration or material adverse changes to such policy(ies). <br />Tenant shall furnish evidence satisfactory to Landlord at the time this Lease is executed that such <br />coverage is in full force and effect. <br />17A. DEFAULT OF TENANT: <br />a. Failure to Pay Rent. In the event of any failure of Tenant to pay any rent due <br />within ten (10) days after the rent is due, or any failure to perform any other of the terms, <br />conditions or covenants of this Lease to be observed or performed by Tenant for more than 20 <br />days after written notice of such failure shall have been given to Tenant, or if Tenant or an agent <br />of Tenant shall falsify any report required to be furnished to Landlord pursuant to the terms of <br />this Lease, or if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file <br />any debtor proceedings or any person shall take or have against Tenant or any guarantor of this <br />Lease in any court pursuant to any statute either of the United States or of any state a petition of <br />bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of <br />all or a portion of Tenant's or any such guarantor's Leased Property, or if Tenant or any such <br />guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an <br />arrangement, or if Tenant shall abandon the Leased Property or suffer this Lease to be taken <br />under any writ of execution, then in any such event Tenant shall be in default hereunder, and <br />Landlord, in addition to other rights of remedies it may have, shall have the immediate right of <br />re-entry and may remove all personal property from the Leased Property and store it in a public <br />warehouse or elsewhere at Tenant's cost without service of notice or resort to legal process and <br />9 <br />
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