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1998 NS Lease Agreement - Lease Renewal - Space Reallocation for Court Offices at Carr Mill Mall and Moody Building
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1998 NS Lease Agreement - Lease Renewal - Space Reallocation for Court Offices at Carr Mill Mall and Moody Building
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6/11/2013 10:08:57 AM
Creation date
6/11/2013 10:08:10 AM
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BOCC
Date
5/6/1998
Meeting Type
Budget Sessions
Document Type
Contract
Agenda Item
9h
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17. Condemnation. In the event the whole or any part of the Building <br /> shall be taken by eminent domain or in any manner for public use, the Lessor <br /> may at its option terminate to such Lessee and upon the giving of such writ- <br /> ten notice by Lessor the estate hereby granted and all rights hereunder <br /> shall expire as of the earlier of the date when title to or the right to <br /> possession of the Building or a part thereof shall vest in or be by public <br /> authority as aforesaid and any rent paid for any period beyond said date <br /> shall be repaid to Lessee. Lessee shall not be entitled to any part of any <br /> award or payment which may be paid to Lessor or made for Lessor's benefit in <br /> connection with such public use, and Lessee shall have no claim or rights as <br /> against Lessor for the value or any unexpired term of this lease. It is <br /> provided, however, that the widening of streets abutting the land on which <br /> the Building stands shall not affect this lease, provided that no part of <br /> the Building is so taken and provided that no part of the parking lot is <br /> taken which mould render the remaining parking area insufficient for zoning <br /> purposes. <br /> 1S. Subordination. Lessee agrees that this lease is and shall remain <br /> subject and subordinate to and may be assigned as security for any present <br /> and all future ground leases or underlying leases of the Building or of the <br /> real property upon which the Building is located and to and for all mart- <br /> gages or deeds of trust which may now-or hereafter affect such leases or the <br /> Building or the real property upon which the Building is located and to and <br /> for all renewals, modifications, consolidations, replacements and extensions <br /> thereof. This clause shall be self-operative and no further instrument <br /> shall be necessary to effect such subordination, however, Lessee shall exe- <br /> cute promptly and deliver to Lessor any such certificate-or certificates in <br /> writing as Lessor may request evidencing the subordination of this lease to <br /> or the assignment of this lease as additional security for such ground <br /> lease, underlying lease, mortgage or deed of trust and Lessee hereby consti- <br /> tutes and appoints Lessor as Lessee's attorney-in-fact coupled with an in- <br /> terest to execute any such certificate, certificates or assignment on <br /> Lessee's behalf in default of such execution by Lessee. In the event the <br /> Building or the real property upon which the Building is located or a lease- <br /> hold interest in the Building or the real property upon which the Building <br /> is located is sold pursuant to a court order in any foreclosure proceeding <br /> • or is sold pursuant to a power of sale contained in any mortgage or deed of <br /> trust, the Lessee agrees to execute an attornment agreement with such pur- <br /> chaser not in conflict herewith at the request of such purchaser, <br /> 19. Notices. Any notice or demand which by any provision of this agree- <br /> ment is required or allowed to be given by either party to the other shall <br /> be deemed to have been sufficiently given for all purposes when made in <br /> writing and sent in the United States mail as certified or registered mail, <br /> postage prepaid and addressed (a) if to Lessee, to the suite number of the <br /> Leased Premises at the Building and (b) if to Lessor, to the office of the <br /> Building Manager at the Building or to such other place as Lessor may from <br /> time to time designate in a notice to Lessee. Lessee hereby appoints as <br /> its agent for service or process in all dispossesso,ry distraint and summary <br /> ejectment proceedings which may be brought against it by Lessor, any person <br /> occupying the Leased Premises, provided that if no person is occupying the <br /> Leased Premises, then Lessee agrees that such service may be made by attach- <br /> sent thereof to the main entrance to the Leased Premises. <br /> ZU. Building Rules and Regulations. The Lessee has read the rules and <br /> regulations hereto attached and made a part hereof and hereby agrees to <br /> abide by and conform to the same and to such further rules and regulations <br /> as the Lessor may from time to time make or adopt for the care, protection <br /> and benefit of the Building or the general comfort and welfare of its occu- <br /> pants. The Lessee further agrees that the Lessor shall have the right to <br /> waive any or all of such rules in the case of any one or more lessees in <br /> the Building without affecting the Lessee's obligations under this lease and <br /> said rules and regulations, provided that any waiver shall not impair <br /> Lessee's quiet enjoyment of the Leased Premises, and that the� Lessor shall <br />
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