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Agenda - 11-16-2010 - 4i
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Agenda - 11-16-2010 - 4i
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11/12/2010 12:43:35 PM
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BOCC
Date
11/16/2010
Meeting Type
Regular Meeting
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Agenda
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4I
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Minutes 11-16-2010
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11 <br />shall permit to remain thereon without molestation. If during the last month of the term <br />the Tenant shall have removed all or substantially all of the Tenant's property <br />therefrom, the County may, with the Tenant's permission, immediately enter and later, <br />renovate and redecorate the leased property without elimination of abatement of rent <br />and without liability to the Tenant for any compensation, and such acts shall have no <br />effect upon this lease. If the Tenant or its employees shall not be personally present to <br />permit entry at any time when an entry therein shall be immediately necessary, as <br />.herein provided, the County may enter the premises by such means as may be <br />appropriate, including forcible entry, without rendering the County or such agents liable <br />therefore (if during such entry the County or his agents shall accord reasonable care to <br />the Tenant's property), and without in any manner affecting the obligations and <br />covenants of this lease. The County's right of reentry shall not be deemed to impose <br />upon the County any obligation, responsibility or liability for the care, supervision or <br />repair of the leased property other than as herein provided. In the event that it <br />becomes necessary for County to replace or repair any major component or any <br />structural or other system in the leased premises, the County shall have full and <br />unrestricted access to the building and the leased property. The County reserves the <br />right temporarily to interrupt, curtail, stop or suspend air-conditioning and heating <br />service, and all other utility or other services, because of accident or emergency or for <br />repairs, alterations, additions, or improvements, or because of the County's inability to <br />obtain, or difficulty or delay in obtaining, labor or materials necessary therefore or <br />compliance with governmental restrictions in connection therewith, or because of any <br />other cause beyond the County's reasonable control, provided that, except in cases of <br />emergency, the County will use its best efforts to limit such stoppage to after-business <br />hours, will notify the Tenant in advance, if possible, of any such stoppage, and, if <br />ascertainable, its estimated duration, and will proceed diligently with the work <br />necessary to resume such service as promptly as possible and in a manner and at <br />times as will not materially interfere with or impair the Tenant's use of the leased <br />property. No diminution or abatement of fixed rent or other compensation shall be <br />claimed by the Tenant, nor shall this lease or any of the obligations of the Tenant <br />hereunder be affected or reduced by reason of such interruption, stoppage, or <br />curtailment, nor shall the same give rise to a claim in the Tenant's favor that such <br />failure constitutes total or partial eviction from the leased property, provided that if the <br />leased property shall be unreasonably untenantable for a continuous period of more <br />than four business days by reason of any such stoppage, the fixed rent payable by the <br />Tenant shall abate until the Tenant shall be again able to use the leased property. <br />24. Destruction by Fire or Other Casualty. In the event the premises or <br />any substantial portion thereof are destroyed by fire or other casualty during the term <br />of this lease, it is understood and agreed that County shall have no obligation to <br />rebuild, and , at the election of County or Tenant the lease may be terminated <br />25. Condemnation. If the whole of the leased property, or such portion <br />thereof as will make the leased property unsuitable for the purposes herein leased, is <br />condemned for any public use or purpose by any legally constituted authority, then in <br />either of such events this lease shall cease from the time when possession is taken by <br />
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