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DELHI CENTER (21)
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DELHI CENTER (21)
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Last modified
1/9/2023 11:11:08 AM
Creation date
1/9/2023 11:10:07 AM
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Contracts
Company Name
DELHI CENTER
Contract #
A-2022-239
Agency
Library
Council Approval Date
12/6/2022
Expiration Date
3/1/2033
Destruction Year
2038
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programs. Such insurance shall be a Combined Single Limit policy in the amount not less than <br />Two Million Dollars ($2,000,000). The limits of such insurance shall not, however, limit the <br />liability of the City. <br />(b) Workers' Compensation Insurance. For all employees working on the <br />Premises and shall furnish Delhi with a Certificate of Insurance indicating the extent of coverage. <br />16. Destruction of Premises. <br />(a) Destruction Due to Risk Covered by Insurance. If, during the term of this <br />Lease, including any renewal term, the Premises or the Building and other improvements in which <br />the Premises are located are totally or partially destroyed from a risk covered by insurance carried <br />by either City or Delhi for the Building, rendering the Premises totally or partially inaccessible or <br />unusable, the responsible party shall work with their respective insurance carrier(s) to restore the <br />Premises or the Building, and other improvements in which the Premises are located, to <br />substantially the same condition as they were immediately before destruction, if they can be <br />repaired within 120 days from date of destruction, such destruction shall not terminate this Lease. <br />In the event that damage was caused due to the actions of both parties, the shared damage would <br />be repaired or replaced through a cooperative action by both parties and their respective insurance <br />carriers. However, if such destruction cannot be repaired within 120 days from date of destruction, <br />City shall have the right to terminate this Lease upon 30 days written notice. If the existing laws <br />do not permit the restoration, either party can terminate this Lease immediately by giving notice <br />to the other party. <br />(b) Abatement or Reduction of Rent. In case of destruction where Delhi is at <br />fault, there shall be an abatement or reduction of rent between the date of destruction and the date <br />of substantial completion of restoration based on the extent to which the destruction interferes with <br />City's use of the Premises. In the event that a governmental authority with jurisdiction over the <br />Premises recognizes a pandemic and issues an order requiring businesses to be closed, rent shall <br />not be abated. <br />17. Default. <br />(a) Default by City. The occurrence of any of the following shall constitute a <br />default by City: <br />(i) City shall fail to pay when due any rent or any other monetary sum <br />payable under this Lease. <br />(ii) City shall fail to observe, keep or perform any of the other terms, <br />covenants, agreements or conditions contained in this Lease and such default continues for a period <br />of thirty (30) days after written notice by Delhi specifying the nature of the default with reasonable <br />particularity, unless the nature of the default is such that more than thirty (30) days is required to <br />cure it and City commences to cure it within such thirty (30)-day period and thereafter diligently <br />pursues it to completion. <br />(iii) City shall become bankrupt or insolvent or make a transfer in fraud <br />of creditors, or make an assignment for the benefit of creditors, or take or have taken against City <br />Page 5 of 9 <br />
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