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2002 - 05-20-02 Regular Meeting
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2002 - 05-20-02 Regular Meeting
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Board of Commissioners
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G 2 4 <br />boox 8 P~Ac~ 870 <br />attorneys' fees so paid by the Landlord, with interest thereon at the rate of ten percent <br />(10%) per annum from the date of payment, shall be deemed to be additional rent due and <br />payable by the Tenant at once without notice or demand. <br />15. ABANDONMENT OF PREMISES. Tenant shall not vacate or abandon <br />the Premises for a period greater than sixty (60) days at any time during the term of this <br />Lease and if Tenant shall abandon, vacate or surrender the Premises, or be dispossessed <br />by process of law, or otherwise, any personal property belonging to the Tenant and left <br />on the Premises shall be deemed abandoned at the option of the Landlord. <br />16. LANDLORD'S RIGHT OF ENTRY. Landlord or its agents shall have <br />the right to enter the Premises at reasonable times in order to examine it, to show it to <br />prospective tenants, lenders, ground lessors, and purchasers, or to make such decorations, <br />repairs, alterations, improvements or additions as Landlord shall deem necessary or <br />desirable. Landlord will give Tenant reasonable notice of its requirements, and will be <br />responsible for conducting such work so as not to impair Tenant's use and enjoyment of <br />the Premises. Landlord shall be allowed to take all material into and upon the Premises <br />that may be required therefore without the same constituting an eviction of the Tenant in <br />whole or in part. Tenant's rent shall be abated while decorations, repairs, alterations, <br />improvements or additions are being made by Landlord only when there is a loss or <br />interruption of the business of Tenant and only when such an abatement is warranted by <br />the circumstances. The granting of such an abatement must be approved in writing by <br />Landlord prior to the start of any improvements. <br />17. DESTRUCTION OF PREMISES; EMINENT DOMAIN. <br />(a) In the event of a partial destruction of the Premises during the term <br />of this Lease from any cause, Landlord shall forthwith repair the same, provided such <br />repair can be made within sixty (60) days under the laws and regulations and in such <br />event rent will be abated until the damage is repaired, in proportion to the part of the <br />Premises which is so rendered untenantable, unless such damage was a result, in whole or <br />in part, of the negligence or willful misconduct of Tenant. In addition to the above, in the <br />event the building is destroyed to the extent of not less than thirty-three and one-third <br />percent (33-1/3%) of the replacement cost thereof, Landlord may elect to terminate this <br />Lease whether or not the Premises are insured, by written notice to Tenant. A total <br />destruction of the Building situate on said Premises shall terminate this Lease. <br />Notwithstanding the aforesaid provisions, in the event the damage caused by the partial <br />destruction of the Premises cannot be repaired within a period of six (6) months from the <br />happening of such damage, then either Landlord or Tenant may terminate this Lease upon <br />written notice to the other. <br />(b) For the purposes of this Lease, the word "condemned" is <br />coextensive with the phrase "right to eminent domain," that is, the right of the people or <br />government to take property for government use, and shall include the intention to <br />condemn expressed in writing as well as the filing of an action or proceeding for <br />condemnation. <br />
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