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Res 1997-185
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Res 1997-185
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6/12/2007 3:02:57 PM
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6/12/2007 3:02:57 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1997-185
Date
11/24/1997
Volume Book
131
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<br /> 16.3 Notwithstanding any assignment or subletting, Tenant and any guarantor of <br /> Tenant's obligations under this lease shall at all times remain fully responsible and <br /> liable for the payment of the rent herein specified and for compliance with all of its <br /> other obligations under this lease (even if future assignments and sublettings occur <br /> subsequent to the assignment of subletting by Tenant, and regardless of whether or <br /> not Tenant's approval has been obtained for such future assignments and <br /> sublettings). Moreover, in the event that the rental due and payable by a sublessee <br /> (or a combination of the rental payable under such sublease plus any bonus or <br /> other consideration therefor or incident thereto) exceeds the rental payable under <br /> this lease, or if with respect to a permitted assignment, permitted license or other <br /> transfer by Tenant permitted by landlord, the consideration payable to Tenant by <br /> the assignee, licensee or other transferee exceeds the rental payable under this <br /> lease, then Tenant shall be bound and obligated to pay landlord all such excess <br /> rental and other excess consideration within ten (10) days following receipt thereof <br /> by Tenant from such sublessee, assignee, licensee or other transferee, as the case <br /> may be. Finally, In any event of assignment or subletting It Is understood and <br /> agreed that all rentals paid to Tenant by an assignee or sublessee shall be received <br /> by Tenant In trust for landlord, to be forwarded Immediately to landlord without <br /> offset or reduction of any kind, and upon election by landlord such rentals shall be <br /> paid directly to landlord as specified in Section 4.1 of this lease (to be applied as a <br /> credit and offset to Tenant's rental obligations). <br /> 16.4 Tenant shall not mortgage, pledge or otherwise encumber its interest in this <br /> lease or in the Demised Premises. <br /> 16.5 In the event of the transfer and assignment by landlord of its interest in this <br /> lease and in the building containing the Demised Premises to a person expressly <br /> assuming landlord's obligations under this lease, landlord shall thereby be <br /> released from any further obligations hereunder, and Tenant agrees to look solely to <br /> such successor In Interest of the landlord for performance of such obligations. <br /> Any security given by Tenant to secure performance of Tenant's obligations <br /> hereunder may be assigned and transferred by landlord to such successor in <br /> interest, and landlord shall thereby be discharged of any further obligation relating <br /> thereto. <br /> ARTICLE XVII. TAXES AND INSURANCE <br /> 17.1 Tenant shall be liable for all taxes levied against personal property and trade <br /> fixtures placed by Tenant in the Demised Premises. If any such taxes are levied <br /> against landlord's property and if landlord elects to pay the same or if the <br /> assessed value of landlord's property is increased by inclusion of personal <br /> property and trade fixtures placed by Tenant in the Demised Premises and landlord <br /> elects to pay the taxes based on such increase, Tenant shall pay to landlord upon <br /> demand that part of such taxes for which Tenant is primarily liable hereunder. <br /> 17.2 Except as provided in Section 17.1 and 17.3, Tenant shall payor cause to be <br /> paid all its pro rata share of general real estate taxes, general and special <br /> assessments, parking surcharges and other governmental charges (hereinafter <br /> collectively referred to as "the general taxes") levied against the Shopping Center <br /> for each real estate tax year. Tenant shall pay to landlord upon demand, and in <br /> addition to the rentals and other charges prescribed in this lease, its share of <br /> general taxes attributable to the Demised Premises. The payment to be made by <br /> Tenant for the real estate tax year in which this lease terminates shall bear the same <br /> ratio to the payment which would be required to be made for the full tax year as <br /> the number of days of such tax year which elapsed prior to termination of this lease <br /> bears to a full tax year. <br /> 17.3 If at any time during the primary term of this lease or any renewal or extension <br /> thereof a tax or excise on rents, or other tax however described (except any <br /> franchise, estate, inheritance, capital stock, income or excess profits tax imposed <br /> upon landlord) is levied or assessed against landlord by any lawful taxing authority <br /> on account of landlord's interest in this lease or the rents or other charges <br /> reserved hereunder, as a substitute in whole or in part, or in addition to the general <br /> taxes described in Section 17.2 above. Tenant agrees to pay to landlord upon <br /> demand, and in addition to the rentals and other charges prescribed in this lease, <br /> the amount of such tax or excise. In the event any such tax or excise is levied or <br /> lì\!ITiAL <br /> /IIS1Kllla J(etwi UrollfJ. f/le:. . _16_- <br /> 1.2 <br /> .~ <br />
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