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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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9 . Release and Indemnification Covenants . Tenant releases <br /> Landlord from and covenants and agrees that Landlord shall not be <br /> liable for , and to indemnify and hold Landlord harmless against , <br /> any loss or damage to property or any injury to or death of any <br /> person occurring on or about or resulting from any defect in the <br /> Premises or improvements located on the Premises , provided , that <br /> the indemnity provided in this sentence shall be effective only <br /> to the extent of any loss that may be sustained by Landlord in <br /> excess of the Net Proceeds received from any insurance required <br /> in this Lease with respect to the loss sustained , and provided <br /> further , that the indemnity shall not be effective for damages <br /> that result from negligence or intentional acts on the part of <br /> Landlord . To this end , Tenant will provide .for and insure , in <br /> the public liability policies required in this Lease , not only <br /> its own liability in respect of the matters there mentioned but <br /> also the liability herein assumed . <br /> Whenever under the provisions of this Lease the approval of <br /> Tenant is required or Landlord is required to take some action at <br /> the request of Tenant such approval or such request shall be made <br /> by the Authorized Tenant Representative whose name is * Kevin P . <br /> Bruce , President , unless otherwise specified in this Lease and <br /> Landlord shall be authorized to act on any such approval or <br /> request and Tenant shall have no complaint against Landlord as a- <br /> result of any such action taken . <br /> 10 . Assignment , Subleasing , Mortgaging and Selling . <br /> *a . This Lease may be assigned in whole or in part , <br /> and the Premises may be subleased as a whole or in part , by <br /> Tenant without the necessity of obtaining the consent of <br /> _....... .. ......... .. ....._. . . . . ,.. .. ... ... .. ... . . . . . .. . . . . .... . . ... Mm <br /> Landlord , subject , however, to each of the following conditions . <br /> ( 1 ) no assignment shall relieve Tenant from primary liability for <br /> any of its obligations hereunder , and in the event of any such <br /> assignment Tenant shall continue to remain primarily liable for <br /> payment of the rents specified herein and for performance and <br /> 44 <br /> observance of the other covenants , warranties , representations <br /> and agreements on its part herein provided to be performed and <br /> observed by it to the same extent as though no assignment had <br /> been made *4 ( 11 ) the assignee or subtenant shall assume the <br /> obligations of Tenant hereunder to the extent of the interest <br /> assigned. or subleased ; ( iii ) Tenant shall , within , thirty days <br /> after the delivery thereof , furnish or cause to be furnished to <br /> Landlord a true and complete copy of each such assignment , <br /> assumption of obligations and sublease , as the case may be . <br /> b . Landlord may mortgage the Premises and may assign its <br /> interest in this Lease and any moneys receivable under this Lease <br /> as security for payment of the principal of and interest on any <br /> installment debt or other debt of Landlord , subject , however , to <br /> the rights of Tenant under this Lease . <br /> 13 <br />
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