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Res 1993-037
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Res 1993-037
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Last modified
7/2/2007 3:08:42 PM
Creation date
7/2/2007 3:08:42 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1993-37
Date
2/22/1993
Volume Book
109
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<br /> f 21'- <br /> Leased Premises shall be damaged or destroyed by fire or other <br /> casualty so as to render untenantable more than fifty (50) per <br /> cent of the floor area of the entire building in which the <br /> Leased Premises are located, then Lessor may elect either to <br /> terminate this Lease or to proceed to rebuild and repair the <br />: Leased Premises. Lessor shall give written notice to Lessee of <br /> such election within 60 days after the occurrence of such <br /> casualty and, if it elects to rebuild and repair, shall proceed <br /> to do so with reasonable diligence and at its sole cost and <br /> expense. <br /> 11. 3. Lessor's obligation to rebuild and repair under this article <br /> shall be limited to restoring the damaged portion of the Leased <br /> Premises to substantially the condition in which Lessor had <br /> placed the Leased Premises at the time of Lessor's tender of <br /> possession thereof to Lessee hereunder, as modified by ordinary <br /> wear and tear preceding such damage or destruction. Lessee <br /> agrees that, promptly after completion of such work by Lessor, <br /> it will proceed with reasonable diligence and at its sole cost <br /> , <br /> and expense to rebuild, repair and restore its signs, fixtures, <br /> equipment and any other work necessary to reopen the Leased <br /> Premises for business. <br /> 11. 4. During any period of reconstruction or repair of the Leased <br /> Premises, this Lease shall continue in full force and effect <br /> except that the rental for the real property shall be abated for <br /> the length of time necessary for the reconstruction or repairs <br /> in proportion to the amount of floor area of the Leased Premises <br /> rendered unusable, but there shall be no abatement of any other <br /> amounts payable by Lessee under the terms hereof. <br /> 11. 5. Any insurance against casualty loss which may be carried by <br /> either Lessor or Lessee shall be under the sole control of the <br />i <br />, <br />¡ party carrying such insurance and the other party shall have no <br />I <br /> interest in any proceeds of such insurance. Lessor and Lessee <br /> hereby expressly waive any cause of action or right of recovery <br /> which either of them may hereafter have against the other for <br /> -13- <br />
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