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FULL PACKET_2008-11-17
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FULL PACKET_2008-11-17
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1/3/2012 4:26:33 PM
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11/12/2008 2:32:21 PM
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DISTRICT'S aunts during the term of" this I;ease shall be deen7ed an acceptance of a surrender of <br />the Premises, and no agreement to accept a surrender shall be valid unless in writing and signed by <br />DISTRICT. <br />Any installment or rent due under this Lease or any other sums not paid to DISTRICT when due <br />(other than interest) shall bear interest at the maximum rate allowed by law from the date such <br />payment is due until paid, provided, however, that the payment ol'such interest shall not excuse or <br />cure the default. <br />All covenants and agreements to be performed by TENANT under any of the teens of this Lease <br />shall be pertbrrned by "TI NANI' at TENANT'S sole cost and expenses and without any abatement of <br />rent. If TENANT shall fail to pay any sum of money. other than rent required to be paid by it <br />hereunder or shall fail to perform any other act on its part to be performed hereunder, or to provide <br />any insurance or evidence of insurance to be provided by TENANT, then in addition to any other <br />reme di4s provided herein, DIS'TRiCT m.ay, bnt shall not lw- obligated to do so. and vdihout waiving; <br />or releasing TENAN't' from any obligations of'TE'NANT, make any such payment or perform any <br />such act on `IT"NAN'T'S part to be made or performed as provided in this Lease or to provide such <br />insurance. Any payment or performance of any act or the provision of any such insurance by <br />DISTRICT on "TENANT'S behalf shall not give rise to any responsibility of l IS`I`RIC T to continue <br />snaking the same or similar payments or performing the same or similar acts. All costs, expenses. <br />and other gums incurred or paid by DISTRICT in connection therewith, together with interest at the <br />maximum rate permitted by late from the date incurred or paid by DISTRICT shall be deemed to be <br />additional rent hereunder and shall be paid by TENANT with and at the same time as the next <br />monthly installment of rent hereunder, and any default therein shall constitute a breach of the <br />covenants and conditions of this Lease. <br />17. RESERVATIONS TO DISTRICT (PMGEI.8.2 N) <br />The Premises are accepted "as is" and "where is" by TENANT subject to any and all existing easements <br />and Encumbrances. DISTRICT reserves the right to install, lay, construct, maintain, repair, and operate <br />such sanitary sewers, drains, storm water sewers, pipelines.. matriioles, and connections: water. oil, and <br />gas pipelines; telephone and telegraph power lines; and the appliances and appurtenances necessary or <br />convenient in connection therewith, in, over, upon, through. across. and along the Premises or any part <br />thereof: and to enter the Premises for any and all such purposes. <br />DIS"TRIC"T' also reserves the right to grant franchises, casements, rights of way, and permits in, over. <br />upon, through, across. and along any and all portions of the Premises. No right reserved by DISTRICT <br />in this clause shall be so exercised as to interfere unreasonably with 'TINANT'S operations hereunder or <br />to impair the security of any secured creditor of TENANT. <br />DISTRICT agrees that rights granted to third parties by reason of this clause shall contain provisions that <br />the surface of the land shall be restored as nearly as practicable to its original condition upon the <br />completion of any constructions. <br />18. HOLDING OVER (P 4[GrE19.2 S) <br />In the event TENANT shall continue in possession of the Premises after- the term of this Lease, such <br />possession shall not be considered a renewal of this Lease but a tenancy from month to month and shall <br />be governed by the conditions and covenants contained in this Lease. <br />Santa Aim Kira C'ha nttcl (E01-421557) vi <br />17th Sired] rianglc Lcaasr (ltr-I4' 08.1?.t?li) <br />20C-49
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