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7/11/2006 8:37:59 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2001-211
Date
12/10/2001
Volume Book
145
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<br />VOL <br /> <br />292pkGE518 <br /> <br />8.04 Division of Award: The Lessor and the Lessee shall each be entitled to receive and retain <br />separate awards, or portions of lump sum awards, as are allocated to their respective interests in the <br />condemnation proceeding. The termination of this Lease under this Paragraph shall not affect the <br />rights of the respective parties to such awards. <br /> <br />Article 9. Damage by Casualty <br /> <br />9.01. The Lessee shall give immediate verbal notice, and prompt written notice to the Lessor of any <br />damage caused to the Leased Premises by fire or other casualty. <br /> <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 Lessee does not elect to terminate the Lease, the <br />Lessee 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 Lessee may elect either to terminate <br />this Lease or to proceed to rebuild and repair the Facilities. The Lessee shall give written notice to <br />the Lessor of this election within 60 days after the occurrence of the casualty. If the Lessee elects <br />to rebuild and repair, it shall proceed to do so with diligence and at its sole cost and expense. <br /> <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 />Lessee under the terms of this Lease. <br /> <br />9.04. Any insurance against casualty loss which may be carried by either the Lessor or the Lessee <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. Lessor and Lessee 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 /> <br />Article 10. Assignment and Subletting <br /> <br />10.01. The Lessee shall not assign or sublet all or part of its interest in this Lease without the <br />advance written consent of the Lessor. Consent by the Lessor to one or more assignments or <br />sublettings shall not operate as a waiver of the Lessor's rights as to any subsequent assignments or <br />sublettings. Notwithstanding any assignment or subletting, the Lessee shall remain fully responsible <br />and liable for the payment of the rent and for compliance with all of its other obligations under this <br />Lease. <br /> <br />10.02. In the event of an assignment by the Lessor of all of its interest in this Lease to a person, firm <br /> <br />6 <br /> <br />Cuny airport cafe lease <br />
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