Res 2006-016 - Laserfiche WebLink

Home Browse Search

e,~ uQi F9 ii~ii?441` OF'R 24FD 6?,1 considered "temporary" only if the period of time during which Lessee is deprived of usage of all or part of the Leased Premises as the result of such Taking does not materially interfere with the ability of Lessee to use and operate the Leased Premises as a conference center in the manner contemplated by the Parties hereto. Any other "Taking" that is not "temporary" as described above shall be treated as an entire Taking under Section 10.3 above or as a partial Taking under Section 10.4 above. 10.6 Condemnation Awazd. (a) No Taking shall have the effect of terminating this Lease. None of the provisions of this Article 10 shall affect the right, title or interest of Lessee in the leasehold interest created by this Lease. For the purposes of determining the portion of any condemnation award to which Lessee is entitled to receive from the condemning authority as a matter of law, Lessee's right, title and interest in the Leased Premises shall be granted and azising under this Lease without consideration of this Article 10. This Article 10 pertains only to Lessee's and Lessor's continuing obligations under this Lease following a Taking and to the agreement between Lessor and Lessee regazding any condemnation awards. (b) Any condemnation awazd shall be divided between Lessor and Lessee in accordance with the relative amounts expended by each party for capital costs pertaining to the Leased Premises. Lessor shall deliver to Lessee that portion of any condemnation award that Lessor may receive to which Lessee is entitled as provided in this Section 10.6(b). The provisions of this Section 10.6(b) shall survive any termination pursuant to the terms of this Article 10. 10.7 Settlement of Proceeds. Lessor shall not make any settlement with the condemning authority in any Condemnation proceedings nor convey or agree to convey the whole or any portion of the Leased Premises to such authority in lieu of condemnation without first obtaining the written consent of Lessee, which consent will not be unreasonably withheld or delayed. ARTICLE 11 Representations, Warranties and Special Covenants ll.l Lessor's Representations. Warranties and Special Covenants. Lessor hereby represents, wan ants and covenants as follows: (a) Existence. Lessor is a home rule municipal corporation of the State of Texas duly incorporated and currently existing pursuant to the constitution and laws of the State of Texas, including the Texas Local Government Code and Texas Government Code. (b) Authority. Lessor has all requisite power and authority to own the Leased Premises, to execute, deliver and perform its obligations under this Lease and to consummate the transactions herein contemplated and, by proper action in accordance with all applicable law, has duly authorized the execution and delivery of this Lease, the performance of its obligations under this Lease and the consummation of the transactions herein contemplated. C-19 803273.4