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Res 1992-139
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Res 1992-139
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7/12/2007 2:05:04 PM
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7/12/2007 2:05:04 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1992-139
Date
11/9/1992
Volume Book
108
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<br /> (:JtfK <br /> Lessee shall protect and hold Lessor harmless and shall pay all <br /> cost, expenses and reasonable attorney's fees. <br />8.4 Condemnation: <br /> A. Total: If the whole of the Leased Premises shall be <br /> acquired or taken by eminent domain for any public or <br /> quasi-public use or purpose~ then this Lease and the term herein <br /> shall cease and terminate as of the date of title vesting in the <br /> proceeding. <br /> B. Partial: If any part of the Leased Premises or all or part <br /> of the Airport shall be taken as condemned, and the partial <br /> taking shall render that portion of the Leased Premises not so <br /> taken unsuitable for the business of Lessee, then this Lease and <br /> the term herein shall cease and terminate. ~ If the partial <br /> taking is not extensive enough to render the premises unsuitable <br /> for the business of Lessee, then this Lease shall continue in <br /> effect except that the minimum rental shall be reduced and <br /> adjusted in an appropriate manner. <br /> C. If this Lease is terminated as provided in this section, <br /> I <br /> rent shall be paid up to the date that possession is so taken by <br /> public authority, and Lessor shall make an equitable refund of <br /> any rent paid by Lessee in advance. <br /> D. Award: Lessor and Lessee shall each be entitled to receive <br /> and retain such separate awards, and portions of lump sum <br /> awards, as may be allocated to their respective interests in any <br /> condemnation proceeding. The termination of this Lease under <br /> this Section shall not effect the rights of the respective <br /> parties to such awards. <br /> ARTICLE IX. <br /> Nonliability for Certain Damages <br />9.1. Lessee acknowledges and agrees that Lessee takes the Leased <br />: <br /> Premises in its present condition and as such Lessor shall not <br />- <br /> be liable to Lessee for any personal injuries or property <br /> damages caused by the Leased Premises resulting from or out of <br /> repairs made to the Leased Premises, or by gas, water, steam, <br /> -11- <br />
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