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Agenda - 10-04-1993 - VIII-C
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Agenda - 10-04-1993 - VIII-C
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Last modified
2/6/2017 4:34:13 PM
Creation date
2/6/2017 4:15:50 PM
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BOCC
Date
10/4/1993
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
VIII-C
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U c <br /> injury and/or damage to property arising from or n fn <br /> YtiT <br /> occurrence in, upon or at the Premises, or the occupancy or use by <br /> Tenant of the Premises or any part thereof, or occasioned wholly or <br /> in part by any act or omission of Tenant, its agents, contractors, <br /> employees, servants, lessees or concessionaires . In case Landlord <br /> shall, without fault on its part, be made a party to any litigation <br /> commenced by or against Tenant, then Tenant shall protect and hold <br /> Landlord harmless and shall pay all costs, expenses and reasonable <br /> attorney' s fees incurred or paid by Landlord in connection with <br /> such litigation. <br /> 15 . SUBROGATION. Notwithstanding any other provision <br /> contained in this Lease, each of the parties hereby waives any <br /> rights it may have against the other party on account of any loss <br /> or damage to its property which arises from any risk generally <br /> covered by fire and extended coverage insurance or any other <br /> insurance required to be carried hereunder, whether or not such <br /> other party may have been negligent or at fault in causing such <br /> loss or damage . Each of the parties shall obtain a clause or <br /> endorsement in the policies of such insurance which each party <br /> obtains in connection with the Premises to the effect that the <br /> insurer waives, • or shall otherwise be denied, the right of <br /> subrogation against the other party for loss covered by such <br /> insurance . <br /> 16 . DAMAGE TO PREMISES . In the event the Premises are <br /> hereafter damaged or destroyed or rendered partially untenable for <br /> their accustomed uses by fire or other . alty insured under the <br /> coverage which Landlord carries, then : rd shall promptly <br /> repair said Premises and restore the same >_...istantially to the <br /> condition in which they were immediately prior to the happening of <br /> such casualty (excluding wall covering, carpeting, and drapes) . <br /> Notwithstanding any such casualty, until the Premises are so <br /> repaired and restored, rental payments shall not abate and the full <br /> rental reserved herein shall be due and payable . Anything contained <br /> herein to the contrary notwithstanding, in the event that the <br /> Premises shall be damaged or destroyed and Landlord' s architect <br /> shall certify that the extent of such damage or destruction is 200 <br /> or more of the replacement value thereof immediately prior to the <br /> occurrence of such damage or destruction, Landlord shall have the <br /> option to terminate this Lease by giving notice in writing any time <br /> within ninety (90) days after the occurrence of such casualty. <br /> Unless this Lease is terminated by Landlord, Landlord shall repair <br /> and restore the shell of the Premises, including heating, <br /> ventilation and air conditioning, a-; °rnant shall repair, <br /> refixture and restock the interior of the ses, all in a manner <br /> and to a condition equal to that existing p : or to the destruction <br /> or casualty. <br /> 17 . CONDEMNATION. If any portion of the Premises shall be <br /> taken by the exercise of the power of eminent domain (or sold to <br /> the holder of such power pursuant to a threatened taking) this <br />
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