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FULL PACKET_2009-12-21
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FULL PACKET_2009-12-21
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1/3/2012 4:12:27 PM
Creation date
12/16/2009 11:28:24 AM
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City Clerk
Doc Type
Agenda Packet
Date
12/21/2009
Destruction Year
2014
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proceeding which is in any way related to: (i) failure to comply with any environmental <br /> or industrial hygiene law, including without limitation any regulations, guidelines, <br /> standards, or policies of any governmental authorities regulating or imposing standards of <br /> liability or standards of conduct with regard to any environmental or industrial hygiene <br /> concerns or conditions as may now or at any time hereafter be in effect, unless such <br /> compliance results from conditions caused by LESSEE; and (ii) any environmental or <br /> industrial hygiene conditions arising out of or in any way related to the condition of the <br /> Property or activities conducted thereon, unless such environmental conditions are caused <br /> by LESSEE. <br /> 31. CASUALTY. In the event of damage by fire or other casualty to the <br /> Premises that cannot reasonably be expected to be repaired within sixty (60) days <br /> following same or, if the Property is damaged by fire or other casualty so that such <br /> damage may reasonably be expected to disrupt LESSEE'S operations at the Premises for <br /> more than sixty (60) days, then LESSEE may at any time following such fire or other <br /> casualty, provided LESSOR has not commenced the restoration required to permit <br /> LESSEE to resume its operation at the Premises, terminate this Agreement upon twenty <br /> (20) days written notice to LESSOR. Any such notice of termination shall cause this <br /> Agreement to expire with the same force and effect as though the date set forth in such <br /> notice were the date originally set as the expiration date of this Agreement and the parties <br /> shall make an appropriate adjustment, as of such termination date, with respect to <br /> payments due to the other under this Agreement. If LESSEE decides not to terminate this <br /> Agreement, Rent shall be abated proportionally to the reduction of use. <br /> 32. CONDEMNATION. In the event of any condemnation of the Premises, <br /> LESSEE may terminate this Agreement upon fifteen (15) days written notice to <br /> LESSOR. LESSEE may on its own behalf make a claim in any condemnation <br /> proceeding involving the Premises for losses related to the antennas, equipment, its <br /> relocation costs and its damages and losses, and any other amount recoverable by <br /> LESSEE under condemnation law (but not for the loss of its leasehold interest). Any <br /> such notice of termination shall cause this Agreement to expire with the same force and <br /> effect as though the date set forth in such notice were the date originally set as the <br /> expiration date of this Agreement and the parties shall make an appropriate adjustment as <br /> of such termination date with respect to payments due to the other under this Agreement. <br /> 33. SUBMISSION OF LEASE. The submission of this Agreement for <br /> examination does not constitute an offer to lease the Premises and this Agreement <br /> becomes effective only upon the full execution of this Agreement by the Parties. If any <br /> provision herein is invalid, it shall be considered deleted from this Agreement and shall <br /> not invalidate the remaining provisions of this Agreement. <br /> 34. APPLICABLE LAWS. LESSEE shall use the Premises for the use <br /> described herein in accordance with applicable laws, rules and regulations. LESSOR <br /> agrees to keep the Property in conformance with all applicable, laws, rules and <br /> regulations and agrees to reasonably cooperate with LESSEE regarding any compliance <br /> required by LESSEE in respect to its use of the Premises. <br /> 13 <br /> <br /> Rosita Park <br /> 25B-15 <br /> <br />
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