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Agenda - Council - 10/23/2018
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Agenda - Council - 10/23/2018
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3/17/2025 2:56:53 PM
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11/30/2018 9:54:11 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
10/23/2018
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21. 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. Consent by Landlord <br />to any assignment of this Lease or to any subletting of the Leased Property shall not be a waiver <br />of Landlord's rights under this paragraph as to any subsequent assignment or subletting. <br />Landlord's rights to assign this Lease are and shall remain unqualified. No such assignment or <br />subleasing shall relieve Tenant from any of Tenant's obligations in this Lease contained, nor <br />shall any assignment or sublease or other transfer of this Lease be effective unless the assignees, <br />subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in <br />writing for the benefit of Landlord, its successors or assigns, all of the terms, covenants and <br />conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be <br />bound thereby. Should Tenant sublease in accordance with the terms of this Lease, fifty percent <br />(50%) of any increase in rent received by Tenant over the per square foot rental rate which is <br />being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in <br />addition to the Base Rent and Additional Rent due landlord under this Lease. <br />22. 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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