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Agenda - Council - 05/13/2025
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Agenda - Council - 05/13/2025
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5/13/2025 12:08:24 PM
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Meeting Type
Council
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05/13/2025
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23. Holding Over. If Tenant remains in possession of the Premises, or any part thereof, after the <br />expiration or termination of the Lease Term with the express written consent of Landlord, <br />Tenant shall be deemed to be occupying the Premises as a Tenant at will, subject to all the <br />conditions, provisions and obligation of this Lease insofar as the same can be applicable to a <br />tenant at will; provided, however, that the Rent required to be paid by Tenant during any <br />holdover period shall be a minimum of 1.5 times the monthly Rent which Tenant was <br />obligated to pay for the month immediately preceding the end of the Lease Term, for each <br />month or any part thereof, of any such holdover period. In the event of holding over by <br />Tenant after expiration or termination of this Lease without the written consent of Landlord, <br />Tenant shall be in breach of this Lease and Landlord shall be entitled to all of its rights and <br />remedies under this Lease, in law, or in equity. No holding over by Tenant after the Lease <br />Term shall operate to extend the Lease Term or renew this Lease. In the event of any <br />unauthorized holding over, Tenant shall indemnify Landlord against all claims for damages <br />by any other tenant to whom Landlord may have leased all or any part of the Premises <br />covered hereby effective upon the expiration or termination of the Lease. <br />24. Surrender of Premises. At the termination of this Lease, Tenant shall surrender the Premises <br />and all keys thereof to Landlord. <br />25. Eminent Domain. If the entire Premises are taken by any public authority under the power or <br />threat of eminent domain, then the term of this Lease shall cease as of the day possession <br />shall be taken by such public authority, and the Landlord shall make a pro rata refund of any <br />Rent that has been paid in advance by Tenant for a period beyond the date of the taking. In <br />the event that less than the entire Premises is so taken and provided the Premises are not <br />rendered untenable thereby, then this Lease shall terminate only at the option of the Landlord. <br />In the event that only a part of the Premises is so taken and that this Lease does not so <br />terminate, there shall be a pro rata reduction in Rent to the extent that such taking interferes <br />in any way with Tenant's use of the Premises, and all other terms and provisions of this Lease <br />shall remain in full force and effect. All damages awarded for such taking shall belong to and <br />be the property of the Landlord, irrespective of the basis on which they were awarded. <br />26. Subordination. Tenant agrees that, at the Landlord's election, this Lease shall be subordinate <br />to any land Lease or mortgage now on or to be placed in the future on the Premises or <br />Building and to any and all advances to be made thereunder and to the interest thereon and to <br />all renewals, replacements and extensions thereof, provided that such subordination shall not <br />materially affect either party's obligations under this Lease. Tenant hereby appoints Landlord <br />as its attorney -in -fact to execute such documents as may be required to accomplish such <br />subordination. <br />27. No Waiver. No reference to any specific right or remedy shall preclude Landlord from <br />exercising any other right or from having any other remedy or from maintaining any action to <br />which it may otherwise be entitled ether at law or in equity. Landlord's failure to insist upon a <br />strict performance of any covenant of this Lease or to exercise any option or right herein <br />contained shall not be a waiver or relinquishment for the future of such covenant, right or <br />option; but the same shall remain in full force and effect. <br />28. Captions. The captions and headings herein are for convenience and reference only. <br />Lease Agreement <br />Page 5 of 9 <br />
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