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25G - AGMT - AUTOZONE LEASE
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25G - AGMT - AUTOZONE LEASE
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Last modified
4/30/2015 3:26:59 PM
Creation date
4/30/2015 3:21:19 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Manager's Office
Item #
25G
Date
5/5/2015
Destruction Year
2020
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such taking or appropriation, including, without limitation copies of all condemnation plans or <br />surveys submitted by the condemning authority, a statement of the nature of the project to be <br />conducted by the condemning authority, and such other information as might be necessary to <br />enable Tenant to determine its future course of conduct. <br />(b) If this Lease shall be terminated and canceled as a result of any taking or <br />appropriation, Tenant shall be released from any further liability and Rent and other sums for <br />the last month of Tenant's occupancy shell be prorated and Landlord shall immediately refund <br />to Tenant any sums paid in advance. <br />(c) Tenant reserves unto itself the right to prosecute Tenant's claim for an award for <br />damages for the termination of this Lease caused by such appropriation or taking, together with <br />damages based on the value of Tenant's improvements and Tenant's fixtures and other personal <br />property erected or installed on the Demised Premises and damages Tenant may sustain to the <br />interest in the business operated by Tenant on the Demised Premises, including, but not limited <br />to, goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused <br />by such appropriation or taking, and Tenant may file such claims as are permitted by law for the <br />loss of its leasehold Interest, business dislocation damages, moving expense, or other damages <br />caused by such taking or appropriation. 'Tenant's right to receive compensation or damages for <br />its fixtures or its personal property shall not be affected in any manner by this Lease. <br />(d) If this Lease is not terminated and canceled because of any such taking or <br />appropriation, Tenant shall within ninety (90) days begin to resiore the improvements to the <br />Demised Premises to a condition as nearly comparable as practicable to the condition existing <br />just before such taking or appropriation. Restoration shall be completed within one hundred <br />eighty (180) days. If Tenant is not actually open for business during all or any pail of the period <br />from the date of such taking or appropriation until the date the Demised Premises is restored in <br />accordance with the terms of this Lease ( "Rebuilding Period "), all Rent or other sums payable <br />hereunder shall abate for such period as Tenant is not open for business. If Tenant is actually <br />open for business during the Rebuilding Period, Rent and Additional Rent shall abate <br />proportionately for the usable area. After such restoration, Rent and Additional Rent shall be <br />reduced in the ratio that the total floor area of the building on the Demised Premises taken or <br />appropriated bears to the total -floor area of the building on the Dernised Premises before such <br />taking or appropriation. <br />21. INTENTIONALLY OMITTED <br />5538 Freestanding Building Loose 04212015 25G-10 8 <br />
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