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2020/12/30 Council Agenda Packet
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2020/12/30 Council Agenda Packet
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Council Agenda Packet
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12/30/2020
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change in control of the partnership or limited liability company or in a majority of the interests <br />held by the partners or members thereof will constitute an assignment for purposes of this <br />Section. Any assignment made by Tenant will not become effective until the assignee, in a <br />written instrument acceptable to Landlord at Landlord's sole discretion, assumes this Lease and <br />agrees to perform and be bound by all of the obligations of Tenant accruing under this Lease <br />from and after the date of assignment. Regardless of Landlord's consent, no subletting or <br />assignment shall release Tenant of Tenant's obligation or alter the primary liability of Tenant to <br />pay rent and to perform all other obligations to be performed by Tenant under this Lease. <br />Acceptance of rent by Landlord from any person other than Tenant will not be deemed to be a <br />waiver by Landlord of any provision of this Lease. Consent to one assignment or subletting will <br />not be deemed consent to any subsequent assignment or subletting. <br />(b) Assignment by Landlord. Landlord shall have the right to assign and <br />transfer, in whole or in part, its rights and obligations under this Lease and in any and all of the <br />Buildings and the real property upon which it is situated. If Landlord so assigns this Lease or sells <br />or transfers any or ail of the Buildings, Landlord shall, after 90 days prior written notice to Tenant <br />and upon consummation of such assignment or transfer, be released automatically from any <br />liability under this Lease for obligations to be performed or observed after the date of the <br />assignment or transfer. After the effective date of the assignment or transfer, Tenant must look <br />solely to Landlord's successor -in -interest for all liability and obligations hereunder. <br />14. SURRENDER OF LEASED PREMISES. <br />(a) Surrender. Tenant shall, at the expiration or earlier termination of this <br />Lease, surrender and deliver the Leased Premises to Landlord (i) in as good condition as when <br />received by Tenant from Landlord or as later improved, reasonable use and wear excepted, and <br />(ii) free from any tenancy or occupancy by any person. <br />(b) Removal of Property. Upon the expiration or earlier termination of this <br />Lease, Tenant may remove its personal property and equipment if (i) such items are readily <br />moveable and are not attached to the Leased Premises; (ii) such removal is completed prior to <br />the expiration or earlier termination of this Lease; and (iii) Tenant immediately repairs all damage <br />caused by or resulting from such removal All Tenant Alterations shall become the property of <br />Landlord and shall remain upon and be surrendered with the Leased Premises, unless Landlord <br />requires their removal. If removal is required Tenant shall, at its sole cost and expense, remove <br />all (or such portion as Landlord shall designate) of the Tenant Alterations, repair any damages <br />resulting from such removal and return the Leased Premises to the same condition as existed <br />prior to such Tenant Alterations. <br />(c) Holding Over. If Tenant holds over after the expiration of the term of the <br />Lease with Landlord's express prior written consent, which may be withheld at Landlord's sole <br />discretion such holding over will be construed as a tenancy from month -to -month on the terms <br />and conditions set forth in this Lease, which tenancy may be terminated by either party upon at <br />least thirty (30) days' written notice to the other party, effective as of the last day of a calendar <br />7 <br />
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