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4-19-21 BOC Regular Meeting
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4-19-21 BOC Regular Meeting
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6/8/2021 1:25:31 PM
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6/8/2021 1:25:27 PM
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Admin-Clerk
Document Type
Minutes
Committee
Board of Commissioners
Date
4/19/2021
Book No
32
Page No
652
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fees actually incurred (based on the actual number of hours worked by outside legal counsel and <br /> paralegals multiplied by their usual and customary hourly rate then in effect) and actual out-of-pocket <br /> legal expenses,without regard to any statutory presumption. <br /> 7. USE OF PREMISES. Lessee shall use the Premises for the operation of a manufacturing <br /> facility, storage, office space or any other lawful use. Lessee shall not use the Premises or any portion <br /> thereof for any illegal or unlawful purpose and will not cause or permit a nuisance to be created or <br /> maintained therein. <br /> • <br /> 8. INSPECTION. Lessor shall have the right, but shall not be required, upon reasonable prior <br /> notice to inspect the Premises at reasonable times (even after hours if the nature of the inspection will <br /> materially impact Lessee's operations) to determine the condition of the premises and Lessee's <br /> compliance with the terms of this Lease. Lessor agrees to use the means of inspection that are least <br /> impactful on the operations of Lessee as possible. <br /> 9. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this Lease or the Premises <br /> or any part thereof without the prior written consent of Lessor, which shall not be unreasonably <br /> withheld, conditioned or delayed. Consent by Lessor to one assignment or subletting shall not operate <br /> as a waiver as to future assignments or subleases. Notwithstanding the foregoing, Lessee may sublease <br /> or assign all or any part of the Premises to an entity which controls, is controlled by or is under common <br /> control with Lessee with notice to,but not consent of,Lessor. <br /> 10. TAXES. Lessee shall be responsible for the payment of ad valorem real property taxes on <br /> the Premises during the term of the lease. Lessee shall be responsible for the payment of ad valorem <br /> taxes on its personal property located in the Premises,including without limitation, leasehold <br /> improvements,fixtures,furnishings,supplies,materials, inventory or equipment located in or on the <br /> Premises. [NOTE—IF THIS IS THE BUSINESS ARRANGEMENT,CAN THE PRO-RATA SHARE <br /> • OF TAXES BASED ON 2020 TAXES BE INCLUDED IN BASE RENT SO THIS PARAGRAPH <br /> CAN BE DELETED?] <br /> 11. UTILITIES AND OTHER SERVICES. Lessee shall be responsible for paying for all <br /> utilities it shall need including water, heat, sewer, air conditioning and electricity. Lessee shall not use <br /> or permit in the Premises any electrical device which will overload the electrical circuits presently <br /> located therein. <br /> 12. ALTERATIONS BY LESSEE. Lessee shall make no substantial or material alterations, <br /> additions or improvements to the Premises without the prior written consent of Lessor. Unless agreed <br /> upon otherwise by the parties hereto, all alterations, additions and improvements made by,for, or at the <br /> direction of.Lessee shall, when made, shall remain the personal property of the Lessee and shall be <br /> removed by the Lessee at Lessee's sole cost upon the.expiration or earlier termination of this Lease. <br /> Lessee shall promptly pay and discharge or contest in accordance with applicable law any and all <br /> PPAB 6118535v1 <br />
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