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1997 S Purchasing - Builders Supply lease agreement
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1997 S Purchasing - Builders Supply lease agreement
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Tenant elects to have the condemnation award applied . Any <br /> balance of the Net Proceeds of the award in such eminent domain <br /> proceedings shall be paid to Landlord and Tenant , as their <br /> interests may appear . <br /> If title to , or the temporary use of , all or substantially <br /> all the Premises shall have been taken under the exercise of the <br /> power of eminent domain by any governmental authority , or person , <br /> firm or corporation acting under governmental authority , <br /> including. such a taking or takings as results , in the opinion of <br /> an Independent Engineer expressed in a certificate filed with <br /> Landlord , in Tenant being thereby prevented from carrying on its <br /> normal operations therein for a period of four consecutive <br /> months , this Lease shall terminate at Tenant ' s election and in <br /> the event of termination the Net Proceeds of such condemnation <br /> proceedings shall be paid to Landlord and Tenant as their <br /> interests shall appear . <br /> Landlord shall cooperate fully with Tenant in the handling <br /> and conduct of any prospective or pending condemnation <br /> proceedings with respect to the Premises or any part thereof and <br /> will , to the extent it may lawfully do so , permit Tenant to <br /> litigate in any such proceeding in the name and behalf of j <br /> Landlord . In no event will Landlord voluntarily settle , or. <br /> consent to the settlement of , any prospective or pending <br /> condemnation proceeding with respect to the Premises or any part <br /> thereof without the written consent of Tenant . <br /> Tenant shall be entitled to the Net Proceeds of any <br /> condemnation award or portion thereof made for damages to or <br /> takings of its own property not included in the Premises , <br /> provided that any Net Proceeds resulting from damages to or <br /> _ . . . . . . ..taking .... of-. . .. . .a .y.l..... .ar..... . .a. ... .p.or.tion.... .o.f . _ the .... .1 .e.a. s..eho.ld . . ...es_t..a.t.e. .. . . .of .. . . . `z' enan.t... . .. n. . . . . . . . . . . . . .. . <br /> the Premises created by this Lease shall be paid and applied in <br /> the manner provided herein . <br /> S . Granting of Easements . If no event of default shall <br /> have happened and be continuing , Tenant may at any time or times <br /> grant easements , licenses , rights of way ( including the <br /> dedication of public highways ) and other rights or privileges in <br /> the nature. of easements with respect to the Premises , or Tenant <br /> may release* existing easements , licenses , rights of way and other <br /> rights or privileges with or without consideration , and Landlord <br /> agrees that it shall execute and deliver any instrument necessary <br /> or appropriate to confirm and grant or release any such easement , <br /> license , right . of way or other right or privilege upon receipt <br /> of : ( i ) a copy of the instrument of grant or release , ( ii ) a <br /> written application signed by a vice president of Tenant <br /> requesting such instrument , and ( iii ) a certificate executed by a <br /> vice president of Tenant stating ( 1 ) that such grant or release <br /> { <br /> is not detrimental to the proper conduct of the business of <br /> Tenant , and ( 2 ) that such grant or release will not impair the <br /> effective use or interfere with the operation of , or adversely <br /> affect the title of Landlord to , the Premises . <br /> 12 <br />
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