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Agenda - 11-04-1985
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Agenda - 11-04-1985
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10/6/2016 8:33:48 AM
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BOCC
Date
11/4/1985
Meeting Type
Regular Meeting
Document Type
Agenda
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• <br /> 041. <br /> I 13. Fire or Other Casualty. In the event the Building in which the <br /> Leased Premises are located is destroyed <br /> casualty, this lease shall thereupon terminate.fire, unavoidable accident or <br /> . In the event the Building in which the Leased Premises are located <br /> is damaged by fire, unavoidable accident or casualty to such an extent that <br /> in Lessor's opinion, the portion of said Building in which the Leased Pre- <br /> mises are specifically located cannot be repaired within ninety (90) days to <br /> its approximate condition existing immediately preceding such fire, unavoid- <br /> able accident or casualty, this lease shall thereupon terminate. <br /> In the event the portion of the Building in which the Leased Pre- <br /> mises are specifically located damaged by fire, unavoidable accident, or <br /> casualty and the same can be repaired within ninety (90) days from the date <br /> of such fire, unavoidable accident or casualty, the parties hereto agree <br /> that said Leased Premises shall be repaired and restored by Lessor to the <br /> approximate condition of said Leased Premises existing before said fire, <br /> unavoidable accident or casualty, and this lease shall remain in full force <br /> and effect; provided, however, that the rent during the period of repair <br /> shall be reduced to an amount which, in Lessor's opinion, bears the same <br /> ratio to the rent provided for herein as the portion of the Leased Premises <br /> then available for use bears to the entire Leased Premises. Upon completion <br /> of such repairs the rent shall thereafter be paid as provided for herein as <br /> the portion of the Leased Premises then available for use bears to the en- <br /> - ' tire Leased Premises. Upon completion of such repairs the rent shall <br /> thereafter be paid as provided in the paragraph above designated RENT. <br /> 14. Default. In the event the Lessee shall fail to pay any rent when <br /> due in accordance with the terms of this lease and such default shall con- <br /> ' tinue for a period of ten (10) days after written notice delivered to Lessee <br /> at the Leased Premises of such default, the Lessor,'without prejudice to any <br /> other rights or remedies that it may have, shall have the right, immediately <br /> • or at any time thereafter, to re-enter the Leased Premises and remove all <br /> persons and property from the Leased Premises. In the event the Lessee <br /> shall neglect to keep or perform any other covenant, agreement or condition <br /> of this lease or shall fail to conform to any of the building rules and regu- <br /> Lations now in force or hereafter adopted by the Lessor, the Lessor shall <br /> give written notice of such default to the Lessee; and in the event that <br /> such default is not rectified within ten (10) days from the date of such <br /> notice, then the Lessor shall have the right to enter the Leased Premises <br /> immediately or at any time thereafter and remove the Lessee therefrom with- <br /> out prejudice to any other remedies of the Lessor. In the event of any such <br /> re-entry, the Lessee hereby waives all claims for damages which may be <br /> • <br /> caused by the re-entry of the Lessor and will save the Lessor harmless from <br /> any loss, cost or damages occasioned by Lessor thereby, and no such re-entry <br /> • shall be considered or construed to be a forcible entry. Should the Lessor <br /> elect to re-enter the Leased Premises as herein provided, or should it take <br /> possession pursuant to legal proceedings, it may either terminate this lease <br /> • <br /> or it may, from time to time, without terminating this lease, re-let the <br /> premises or any part thereof on Lessee's account for such time or times and <br /> at such rental or rentals and upon such other terms and conditions as the <br /> Lessor in its sole discretion may deem advisable, with the right to make <br /> alterations and repairs to the Leased Premises, and the Lessee shall pay the <br /> • <br /> amount of rent due under this lease to the dace of the beginning of payment <br /> of rent pursuant to any such re-letting, together with the cost of such <br /> re-letting including the cost of any alterations and repairs to the Leased <br /> • <br /> Premises, and Lessee will thereafter pay monthly during the remainder of the <br /> term of this lease the difference, if any, between the rent collected from <br /> such re-letting and the rent reserved in this lease if such rent collected <br /> is less than that reserved is the lease. No such re-entry or taking posses- <br /> sion of :he teased ?remises by :he Lessor seal: be _onstrued as an election <br /> i <br /> 1 on its part :o terminate this ?ease aniess a written mocice of such incen- <br /> :ion be given to :he Lessee. Notwithstanding any such r_-Lecting without <br /> termination. :he lessor may, at any time after :he accurrence sf any default <br />
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