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Res 2011-093
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Res 2011-093
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9/27/2011 11:11:24 AM
Creation date
8/3/2011 1:55:44 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2011-93
Date
8/2/2011
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business of the Tenant, then this Lease shall continue in effect, except that the fixed annual rental <br />shall be reduced and adjusted in an appropriate manner. <br />8.03 If this Lease is terminated as provided in this section, rent shall be paid up to the date that <br />possession is taken by the condemning authority, and the Landlord shall make an equitable refund of <br />any rent paid by the Tenant in advance. <br />8.04 Tenant will have no claim to the condemnation award or proceeds in lieu of condemnation, <br />except for relocation or other benefits that are payable to Tenant by the condemning authority but <br />that do not reduce the award or proceeds payable to the Landlord. <br />Article 9. Damage by Casualty <br />9.01. The Tenant shall give immediate verbal notice, and prompt written notice to the Landlord of <br />any damage caused to the Leased Premises by fire or other casualty. <br />9.02. In the event that any improvements on the Leased Premises are damaged or destroyed by fire <br />or other casualty covered under insurance, and the Landlord does not elect to terminate the Lease, the <br />Landlord shall proceed at its sole cost and expense to promptly and diligently rebuild and repair the <br />improvements. If the Facilities are damaged or destroyed by fire or other casualty that renders more <br />than 50% of the floor area of the Facilities unusable, then the Landlord may elect either to terminate <br />this Lease or to proceed to rebuild and repair the Facilities. The Landlord shall give written notice to <br />the Tenant of this election within 60 days after the occurrence of the casualty. If the Landlord elects <br />to rebuild and repair, it shall proceed to do so with diligence and at its sole cost and expense. <br />9.03. During any period of reconstruction or repair of Facilities on the Leased Premises, this Lease <br />shall continue in full force and effect except that the rental shall be abated for the length of time <br />necessary for the reconstruction or repairs in proportion to the amount of floor area of the Leased <br />Premises rendered unusable, but there shall be no abatement of any other amounts payable by the <br />Tenant under the terms of this Lease. <br />9.04. Any insurance against casualty loss which may be carried by either the Landlord or the Tenant <br />shall be under the sole control of the party carrying the insurance, and the other party shall have no <br />interest in any proceeds of this insurance. Landlord and Tenant expressly waive any cause of action <br />or right of recovery which either of them may have against the other for any loss or damage to the <br />Leased Premises or to the contents caused by fire, explosion, or other risk covered by the casualty <br />insurance. <br />Article 10. Assignment and Subletting <br />12 <br />Tenant:IL-Landlord: <br />
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