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Section 16.05. Lessee's Damages. Lessee shall have the right to claim and recover from <br /> <br /> the condemning authority, but not from Lessor, such compensation as may be separately <br /> <br /> awarded and recoverable by Lessee in Lessee's own right on account of any cost or loss to <br /> <br /> which Lessee might be put in removing Lessee's merchandise, furniture, fixtures and equipment. <br /> Section 16.06. Temporary Taking. In the event of condemnation of a leasehold <br /> interest, i.e., a temporary taking, in all or portion of the Premises without the condemnation of <br /> the fee simple title also, this Lease shall not terminate and such condemnation shall not excuse <br /> Lessee from full performance of all of its covenants hereunder, but Lessee in such event shall be <br /> entitled to present or pursue against the condemning authority its claim for and to receive all <br /> compensation or damages sustained by reason of such condemnation, and Lessor's right to <br /> recover compensation or damages shall be limited to compensation for and damages, if any, to <br /> its reversionary interest; it being understood, however, that during such time as Lessee shall be <br /> out of possession of the Premises by reason of such condemnation, this Lease shall not be subject <br /> to forfeiture for failure to observe and perform those covenants not calling for the payment of <br /> money. In the event the condemning authority shall fail to keep the Premises in the state of <br /> repair required hereunder, or to perform any other covenant not calling for the payment of <br /> money, Lessee shall have ninety (90) days after the restoration of possession to it within which <br /> to carry out its obligations under such covenant or covenants. <br /> During such time as Lessee shall be out of possession of the Premises by reason of such <br /> leasehold condemnation, Lessee shall pay to Lessor, in lieu of the Base Rent provided for above <br /> and of any other payments required of Lessee hereunder, an annual rental equal to the average <br /> aggregate annual rental paid by Lessee for the period either from the Commencement Date until <br /> the condemning authority shall take possession, or during the preceding three (3) full calendar <br /> years, whichever period is shorter. At any time after such condemnation proceedings are <br /> commenced, Lessor shall have the right, at Lessor's option, to require Lessee to assign all <br /> compensation and damages payable by the condemnor to Lessee to Lessor, to be held without <br /> liability or interest thereon as security for the full performance of Lessee's covenants hereunder, <br /> such compensation and damages received pursuant to said assignment may to be applied first to <br /> <br /> payment of rents, taxes, assessments, insurance premiums and all other sums from time to time <br /> payable by Lessee pursuant to the terms of this Lease as such sums fall due and the remainder, if <br /> any, to be payable to Lessee, it being understood and agreed that such assignment shall not <br /> relieve Lessee of any of its obligations under this Lease with respect to such rents, taxes, <br /> assessments, insurance premiums and other sums except as the same shall be actually received <br /> by Lessor. <br /> ARTICLE XVII <br /> DEFAULT OF LESSEE <br /> Section 17.01. Right to Re-enter. In the event of any failure of Lessee to pay any <br /> <br /> rental due hereunder within ten (10) days after written notice from Lessor that the same is <br /> overdue and unpaid, or if Lessee shall become bankrupt or insolvent, or file any debtor <br /> <br /> proceeding, or take or have taken against Lessee in any court pursuant to any statute of the <br /> United States or of any state a petition in bankruptcy or insolvency or for reorganization or for <br /> <br /> the appointment of a receiver or trustee of all or A portion of Lessee's property, or if Lessee <br /> <br /> makes an assignment for the benefit of creditors, or if Lessee shall abandon the Premises, or <br /> 17 <br /> <br />