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COM 0298.000 2012-2014
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COM 0298.000 2012-2014
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5/22/2013 10:47:27 AM
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Communications
Communications - Type
COM
Communications - Council Term
2012-2014
Communication
0298
Point
000
Author
J Yoshimoto, Council Chair
Communications - Referred To
COUNCIL
Document Relationships
AGE COUNCIL 2013/06/05 2012-2014
(Related To)
Path:
\Council Records\Agendas\2012-2014\Council
RES 124 Draft 01 2012-2014
(Related)
Path:
\Council Records\Resolutions\2012-2014
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lawsuits for same,by anyone using or in the leased premises,and shall hold harmless and <br /> indemnify and defend Landlord,if the Landlord is named as a defendant in any such suit. <br /> 20. Surrender. The Tenant shall, at the end of the term of this sublease or earlier termination <br /> thereof;peaceably and quietly vacate and deliver up to Landlord the possession of the <br /> premises,together with all additions and alterations made by Tenant,unless Landlord requires <br /> removal of the same in good order, condition and repair,reasonable wear and tear excepted. <br /> Tenant may remove all moveable trade fixtures(if installed by Tenant)on the condition that <br /> Tenant shall repair any damage to the premises resulting from the removal of said fixtures. <br /> Any property of the Tenant remaining on the premises after the termination of the sublease <br /> may be disposed of by the Landlord in any manner it sees fit,without any liability whatsoever <br /> to the Landlord. The proceeds of such disposition,if any, shall be the sole property of the <br /> Landlord. <br /> 21. Condemnation. <br /> a. Automatic Termination of Lease. Except as may otherwise be required by any <br /> mortgage on the property, if the whole of the premises shall be taken by any public <br /> authority under the power of eminent domain,then the term of this sublease shall <br /> cease as of the day possession is taken by such public authority,and all rent shall be <br /> paid up to that date. If only a part of the premises shall be taken under eminent <br /> domain,this sublease shall terminate as to the portion taken,and unless this sublease <br /> shall be terminated as hereinafter provided, it shall continue in full force and effect as <br /> to the remainder of the premises, and the base rent shall be reduced in the proportion <br /> the floor area taken bears to the total floor area leased,and the Tenant,at its own cost <br /> and expense, shall make all necessary repairs and alterations to the premises required <br /> by such taking. <br /> b. Option to Cancel. If the remainder of the premises cannot be made tenantable for the <br /> purposes for which the Tenant has been using the premises,the Tenant shall have the <br /> option,to be exercised within thirty(30)days after the filing of such eminent domain <br /> action,of canceling this sublease effective as of the date the condemning authority <br /> shall take possession;provided,however,that if more than fifty percent(50%)of the <br /> floor area of the premises shall be taken under power of eminent domain, either party, <br /> by written notice to the other party,delivered on or before the date of surrendering <br /> possession to the public authority,may terminate this sublease, effective as of such <br /> surrender of possession.All compensation and damages of any type awarded for any <br /> taking,whole or partial, shall belong to and is the property of the Landlord, except as <br /> hereinafter provided. <br /> 22. Destruction of Premises. If the premises are partially or totally damaged or destroyed by fire <br /> or other casualty so as to become partially or totally untenantable, such damage or destruction, <br /> insofar as the same pertains to the building itself;exclusive of any damage to Tenant's <br /> fixtures,furniture or other property, shall be repaired or rebuilt at the discretion of the <br /> Landlord. Landlord shall advise Tenant within sixty(60)days after the casualty whether it <br /> 5 <br />
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