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Agenda - Council - 01/10/2006
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Agenda - Council - 01/10/2006
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Meetings
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Agenda
Meeting Type
Council
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01/10/2006
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business by reason of the condemnation and of or on account of any cost or loss to which Tenant <br />might be put in removing Tenant's merchandise, furniture, fixtures, leasehold improvements and <br />equipment. However, Tenant shall have no claim against Landlord or make any claim with the <br />condemning authority of the loss of its leasehold estate, any unexpired term of loss of any <br />possible renewal or extension of said lease or loss of any possible value of said lease, any <br />unexpired term, renewal or extension of said Lease. <br /> <br />14. DAMAGE OR DESTRUCTION: <br /> <br />In the event of any damage or destruction to the Property by fire or other cause during the term <br />hereof, the following provisions shall apply: <br /> <br /> a. If the Building is damaged by fire or any other cause to such extent that the cost <br />of restoration, as reasonably estimated by Landlord, will equal or exceed ten percent (10%) of <br />the replacement value of the Building (exclusive of foundations) just prior to the occurrence Of <br />the damage, then Landlord may, no later than the sixtieth (60th) day following the damage, give <br />Tenant written notice of Landlord's election to terminate this Lease. <br /> <br /> b. If the event Landlord elects to terminate this Lease, it shall be deemed to <br />terminate on the date of the receipt of the notice of election and all rentals shall be paid up to that <br />date. Tenant shall have no claim against landlord for the value of any unexpired term of this <br />Lease. <br /> <br />Notwithstanding anything contained in this paragraph 14 to the contrary, Landlord shall only be <br />obligated to restore the Property to the extent of the insurance proceeds actually received, but if <br />the insurance proceeds actually received do not permit Landlord to restore the Property, <br />Landlord shall so notify Tenant and either Landlord or Tenant may terminate this Lease by <br />written notice given within 60 days after Landlord's notice. If Landlord restores the Property in <br />accordance with the provisions of this Section, then Tenant shall not have any right to terminate <br />this Lease because of such damage pursuant to (i) any common law rights, (ii) Minnesota <br />Statutes {}504.131 as now in effect or as it may be hereafter amended or supplemented, or (iii) <br />any comparable right established b a similar statute. <br /> <br />15. CASUALTY INSURANCE: <br /> <br /> a. Landlord shall at all times during the term of this Lease, at its expense, maintain a <br />policy or policies of insurance with premiums paid in advance issued by an insurance company <br />licensed to do business in the State of Minnesota insuring the Building against loss or damage by <br />fire, explosion or other insurable hazards and contingencies for the full insurance value, provided <br />that Landlord shall not be obligated to insure any furniture, equipment, machinery, goods or <br />supplies not covered by this Lease which Tenant may bring upon the Property or any additional <br />improvements which Tenant may construct or install on the Property. Tenant shall at all times <br />during the term of this Lease, at its expense, maintain a policy or policies of insurance with <br />premiums paid in advance issued by an insurance company licensed to do business in the State of <br />Minnesota insuring the Building against loss or damage by fire, expulsion or other insurable <br />hazards and contingencies for the full insurable value of Tenant's improvements to the Property <br />and Tenant's personal property. <br /> <br />-250- <br /> <br /> <br />
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