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Agenda - 10-04-1993 - VIII-C
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Agenda - 10-04-1993 - VIII-C
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2/6/2017 4:34:13 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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9 <br /> Lease shall terminate upon such taking or when suc se s <br /> completed . Tenant shall not be entitled to any part of he <br /> condemnation award or purchase price and Tenant expressly waives <br /> any rights thereto; provided, however, nothing contained herein <br /> shall be construed to preclude the Tenant from prosecuting any <br /> claim directly against the condemning authority in such <br /> condemnation proceeding for loss of business , or depreciation to, <br /> damage to or costs of removal of or for the value of Tenant' s trade <br /> fixtures, furniture, other personal property belonging to Tenant, <br /> excluding the value, if any, of Tenant' s leasehold interest . <br /> 18 . ASSIGNMENT. Tenant shall not voluntarily, involuntarily <br /> or by operation of law, assign, transfer, mortgage or otherwise <br /> encumber (herein collectively referred to as an "assignment" ) this <br /> Lease or any interest of Tenant herein, in whole or in part, nor <br /> sublet the whole or any part of the Premises, nor permit the <br /> Premises or any part thereof to be used or occupied by others, <br /> without first obtaining in each and every instance the prior <br /> written consent of Landlord. If this Lease or any interest of <br /> Tenant herein shall be assigned or of the whole or any part of the <br /> Demised Premises shall be sublet or used or occupied by others, <br /> after having obtained Landlord' s prior written consent thereto, <br /> Tenant shall nevertheless remain fully liable for the full <br /> performance of all obligations under this Lease to be performed by <br /> Tenant and Tenant shall not be released therefrom in any manner. <br /> 19 . BANKRUPTCY. In the event all or substantially all of <br /> Tenant' s assets are placed in the hands of a receiver or trustee, <br /> or should Tenant file a voluntary petition in bankruptcy, make an <br /> assignment for the benefit of creditors or be finally adjudicated <br /> a bankrupt, or should Tenant petition or institute any proceedings <br /> under the Federal Bankruptcy Code or under any other State or <br /> Federal act or law relating to the subject of bankruptcy wherein <br /> Tenant seeks to be adjudicated a bankrupt, or to be discharged of <br /> its debts, or to effect a plan of liquidation, readjustment, <br /> composition, arrangement, or reorganization or should any <br /> involuntary proceeding equivalent or similar to any of the <br /> foregoing be filed against Tenant under any such bankruptcy laws , <br /> or should any trustee or receiver seek to assume this Lease under <br /> the Federal Bankruptcy Code or under some similar bankruptcy or <br /> insolvency statute, then this Lease or any interest in and to the <br /> Premises shall not become an asset in any of such proceedings, <br /> unless the receiver or trustee timely cures all outstanding <br /> defaults and give adequate assurances of future performance, <br /> including without limitation, assurances with respect to the source <br /> of future rent . In any such event herein described in which such <br /> cures are not made or such adequate assurances are not given, <br /> Landlord may, in addition to any and all rights or remedies of <br /> Landlord hereunder or at law, declare the term hereof ended and re- <br /> enter the Premises and taken possession thereof and remove all <br /> persons and contents therefrom and neither Tenant nor any guarantor <br /> of this Lease, nor any such receiver, trustee, committee of <br />
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