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Res 2020-073/approving a lease agreement with Theodore Breihan, doing business as Ted Breihan Electric Company, for the lease of approximately 10,140 square feet of space along Edward Gary Street, east of South LBJ Drive with a rental rate of $3,500.00 pe
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Res 2020-073/approving a lease agreement with Theodore Breihan, doing business as Ted Breihan Electric Company, for the lease of approximately 10,140 square feet of space along Edward Gary Street, east of South LBJ Drive with a rental rate of $3,500.00 pe
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Agreement
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2020-73
Date
3/17/2020
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consent may be denied at Lessor's sole and absolute discretion. Any purported transfer or <br />assignment without Lessor's consent shall be void and shall be a default by Lessee, <br />B. Subject to this Section 23, this Lease shall be binding upon and inure to the benefit <br />of the parties hereto and their respective heirs, executors, administrators, successors and assigns, <br />SECTION 24. CONDEMNATION. <br />If, as reasonably determined by Lessor, the Premises cannot be used by Lessee because of <br />a condemnation or sale in lieu of condemnation, then this Lease shall automatically terminate, <br />Lessor shall be entitled to the entire award or proceeds for any total or partial condemnation or <br />sale in lieu thereof, including, without limitation, any award or proceeds for the value of the <br />Ieasehold.estate created by this Lease. Notwithstanding the foregoing, Lessee shall have the right <br />to pursue recovery from the condemning authority of such compensation as may be separately <br />awarded to Lessee for Lessee's relocation expenses, the taking of Lessee's personal property and <br />fixtures, and the interruption of or damage to Lessee's business. <br />SECTION 25. DISPUTES; ATTORNEY'S FEES; VENUE. <br />If either party retains an attorney to enforce this Lease (including, without limitation, the <br />indemnity provisions of this Lease), the prevailing party is entitled to recover reasonable attorney's <br />fees. Venue for any dispute arising under this Lease shall be in the state courts having appropriate <br />jurisdiction in Hays County, Texas, or, if in federal court, the United States District Court for the <br />Western District of Texas, Austin Division, <br />SECTION 26. RIGHTS AND OBLIGATIONS OF LESSOR. <br />If any of the rights and obligations of Lessor under this Lease are substantially and <br />negatively affected by any changes in the laws applicable to this Lease, whether statutory, <br />regulatory or under federal or state judicial precedent; then Lessor may require Lessee to enter into <br />an amendment to this Lease to eliminate the negative effect on Lessor's rights and obligations to <br />the extent reasonably possible. <br />SECTION 27. ENTIRE AGREEMENT; AMENDMENT. <br />This Lease is the entire agreement between the parties, and supersedes all other oral or <br />written agreements between the parties pertaining to this transaction, including any other lease <br />under which all or any portion of the Premises was leased to Lessee. Notwithstanding the prior <br />sentence, Lessee shall retain any and all obligations and liabilities which may have accrued under <br />any other such agreements prior to the commencement of the term of this Lease, except as waived <br />by Lessor in writing. This Lease may be amended only by a written instrument signed by Lessor <br />and Lessee. <br />[SIGNATURES ON NEXT PAGE] <br />
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