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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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leak, or release any hazardous substance in, on or under the Premises, except in compliance with all <br /> applicable environmental laws and other applicable federal, state and local laws, rules, regulations, <br /> ordinances and requirements, and Lessee shall hold Lessor harmless from any such use of the Property <br /> by Lessee or persons allowed on the Property by Lessee during the term hereof. <br /> 19. SUBORDINATION. Lessee agrees that the Lease is and shall remain subject and <br /> subordinate to and may be assigned as security for any and all mortgages or deeds of trust which may <br /> now or hereafter affect such leases of the Premises and to and for all renewals, modifications, <br /> consolidations, replacements and extensions thereof to the extent that such renewals, modifications, <br /> consolidations, replacements and extensions thereof do not materially affect Tenant's rights and <br /> obligations under this Lease. This cause shall be self-operative and no further instrument shall be <br /> necessary to effect such subordination; however, Lessee shall execute promptly and deliver to Lessor <br /> any such certificate or certificates in writing as Lessor or its lender may reasonably request evidencing <br /> the subordination of this Lease to,or the assignment of this Lease as,additional security for such ground <br /> lease,underlying lease,mortgage or deed of trust. <br /> 20. CONDEMNATION/CASUALTY. In the event the whole or any material part of the <br /> Premises shall be taken by eminent domain or in any manner for a public use, the Lessee may at its <br /> option,terminate this Lease,and all condemnation proceeds for the Premises shall be the property of the <br /> Lessor. <br /> If the whole or material part of the building or Premises shall be damaged by Fire or casualty which <br /> renders the Premises or any part of the Premises untenable in the reasonable opinion of Lessee,Lessee <br /> may elect: <br /> (a) to terminate this Lease as of the date of the fire or other casualty by notice to the Lessor <br /> within sixty(60)days after that date,or <br /> (b) require Lessor to proceed with all due diligence to repair, restore or rehabilitate the <br /> building and the <br /> Premises at Lessor's expense,in which latter event this Lease shall not terminate. <br /> In the event the Lease is not terminated pursuant to this provision,rent shall abate on a per diem <br /> basis during the period of untenantability. In the event of the termination of this Lease pursuant <br /> to this section, rent shall be apportioned on a per diem basis and paid to the date of the fire or <br /> other casualty. In the event that the Premises are partially damaged by fire or other casualty but <br /> are not made wholly untenantable, and Lessee shall elect to require Lessor to repair such <br /> damage, then rent shall:abate in proportion to the untenantability of the Premises during the <br /> period of restoration. <br /> Lessor shall have no obligations•toireplace or repair any property on the Leased Premises belonging to <br /> Lessee or to any one claiming through or under Lessee. <br /> PPAB 6118535v1 <br />
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