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Agenda - 11-20-2012 - 5n
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Agenda - 11-20-2012 - 5n
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11/16/2012 4:07:29 PM
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BOCC
Date
11/20/2012
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Regular Meeting
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Agenda
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5n
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Minutes 11-20-2012
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20 <br /> (b) All sums so paid by the County and all costs and expenses incurred by the <br /> County in connection with the performance of any such act, together with interest thereon at the <br /> rate of 6% per annum from the respective dates of each such payment and such costs and <br /> expenses, shall constitute additional rent payable by the Tenant under this lease and shall be <br /> paid by the Tenant to the County on demand. <br /> (c) Notwithstanding anything in this lease to the contrary, the County shall not be <br /> limited, in the proof any damages which the County may claim against the Tenant by reason of <br /> the Tenant's failure to provide and keep insurance in force, to the amount of the insurance <br /> premiums not paid or incurred by the Tenant. The County shall also be entitled to recover as <br /> damages for such breach the uninsured amount of any loss, together with damages, costs, and <br /> expenses of any suit offered or incurred by reason of damage to the Leased Premises occurring <br /> during any period when the Tenant shall have failed to provide and keep such insurance in <br /> force. <br /> 22. Performance of Tenant's_Obligations-Taxes. If the Tenant shall default in the <br /> performance of any obligation under this lease, the County may, after notice and opportunity to <br /> cure in accordance with Section 17(a)2 or without notice if any emergency exists, perform such <br /> obligation for the account and at the expense (including reasonable counsel fees) of the Tenant. <br /> The amount of any payment made or expense incurred by the County for such purpose, with <br /> interest thereon at the rate of 6% per annum, shall be deemed additional rent and forthwith <br /> shall be repaid by the Tenant to the County, or, at the County's election, may be added to any <br /> subsequent installment of rent due and payable under this lease. Nothing herein contained <br /> shall be deemed to waive any right of the County to sue for and recover by action at law any <br /> sums of which the County may have incurred under the provisions of this subparagraph. The <br /> provisions of this paragraph shall survive the termination of this lease. <br /> 23. Right of Entry. The County or its agent shall with twenty-four (24) hours <br /> notice have the right to enter the Leased Premises at reasonable times in order to examine it, to <br /> show it to prospective purchasers or lessees, or to make such decorations, repairs, alterations, <br /> improvements or additions as the County may deem necessary or desirable. The County shall <br /> be allowed to take all material into and upon the Leased Premises that may be required <br /> therefore without the same constituting an eviction of the Tenant in whole or in part. The rent <br /> reserved shall not abate while decorations, repairs, alterations, improvements, or additions are <br /> being made, whether by reason of loss or interruption of the business of the Tenant or <br /> otherwise. During the last month prior to the expiration of the term of this lease, the County <br /> may place upon the Leased Premises the usual notices 'To Let" or "For Sale", which notices <br /> the Tenant shall permit to remain thereon without molestation. If during the last month of the <br /> term the Tenant shall have removed all or substantially all of the Tenant's property therefrom, <br /> the County may, with the Tenant's permission, immediately enter and later, renovate and <br /> redecorate the Leased Premises without elimination of abatement of rent and without liability to <br /> the Tenant for any compensation, and such acts shall have no effect upon this lease. If the <br /> Tenant or its employees shall not be personally present to permit entry at any time when an <br /> entry therein shall be immediately necessary, as herein provided, the County may enter the <br /> premises by such means as may be appropriate, including forcible entry, without rendering the <br /> County or such agents liable therefore (if during such entry the County or his agents shall <br /> accord reasonable care to the Tenant's property), and without in any manner affecting the <br /> obligations and covenants of this lease. The County's right of reentry shall not be deemed to <br /> impose upon the County any obligation, responsibility or liability for the care, supervision or <br /> repair of the Leased Premises other than as herein provided. In the event that it becomes <br /> necessary for County to replace or repair any major component or any structural or other <br /> Page 8 of 12 <br />
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