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20B - AGMT LEASE SARTC PGH WONG
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20B - AGMT LEASE SARTC PGH WONG
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Last modified
12/13/2018 8:30:47 PM
Creation date
12/13/2018 8:26:54 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
20B
Date
12/18/2018
Destruction Year
2023
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iii. Certificates and policies shall state that the policies shall not be cancelled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City, except for 10 days' notice <br />for non-payment of premium. <br />iv. If Tenant fails or refuses to produce or maintain the insurance required by <br />this section or fails or refuses to furnish the Landlord with required proof <br />that insurance has been procured and is in force and paid for, the Landlord <br />shall have the right, at the Landlord's election, to forthwith terminate this <br />Agreement. <br />18. DAMAGE BY CASUALTY; <br />(a) In the event of a fire or other casualty in the Premises, Tenant shall <br />immediately give notice thereof to Landlord. <br />(b) If the Premises, through no fault of Tenant,. its agents, employees, <br />invitees, or visitors, shall be partially destroyed by fire or other casualty so as to render the <br />Premises rmtenantable as reasonably determined by Landlord, Rent shall abate in proportion to <br />the percentage of square footage of the Premises rendered unusable until such time as the <br />Premises are made tenantable as reasonably determined by Landlord. <br />(c) Except where Landlord is not obligated to repair or rebuild the Building <br />or the Premises, Landlord will use due diligence to repair the same (except that Landlord will <br />have no obligation to repair or replace any alteration, addition, or improvements to the Premises <br />other than the Tenant Improvements installed at Landlord's expense which will be repaired <br />only to the level of Building Standard Improvements). <br />(d) In the event of (i) the total destruction of the Premises, (ii) the partial <br />destruction of the Premises or the Building where the same is so damaged that it cannot, in <br />Landlord's reasonable opinion, be repaired within ninety (90) days of the occurrence of such <br />damage, or (iii) damage or destruction as a result of any casualty for which insurance proceeds <br />are not available to pay 100% of the cost of repair or rebuilding, Landlord will have no <br />obligation to repair or rebuild the Premises or the Building. Landlord will make its <br />determination whether to repair or rebuild within ninety (90) days of the occurrence of such <br />damage or destruction. Upon notification to Tenant of Landlord's decision not to repair or <br />rebuild, this Lease shall terminate. <br />19. EMINENT DOMAIrN': (a) If (i) all or part of the Premises, the building located <br />thereon, or (ii) so much of any rights in the Premises or the building located thereon shall be <br />taken or appropriated under any right of eminent domain or under any other legal right whereby <br />the taking authority is obligated to compensate Landlord therefor so that there does not remain <br />premises suitable hr the sole opinion of Tenant for the operation of its business, then Tenant may <br />terminate and cancel this Lease without owing any liability to Landlord as of the date on which <br />the condemning authority takes physical possession upon giving to Landlord written notice of <br />such election. Landlord agrees immediately within ten (10) days after any notice of intended or <br />rl- • <br />
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