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2021/05/05 Council Agenda Packet
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2021/05/05 Council Agenda Packet
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Council Agenda Packet
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5/5/2021
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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 />Building and the real property upon which it is situated. If Landlord so assigns this Lease or sells <br />or transfers any or all of the Building, Landlord shall, upon consummation of such assignment or <br />transfer be released automatically from any liability under this Lease for obligations to be <br />performed or observed after the date of the assignment or transfer. After the effective date of <br />the assignment or transfer, Tenant must look solely to Landlord's successor -in -interest for all <br />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 />month. If Tenant holds over after the expiration of the Term or earlier termination thereof <br />without Landlord's prior written consent, which may be withheld in Landlord's sole discretion, <br />such tenancy shall be a tenancy at sufferance, and shall not constitute a renewal hereof or an <br />extension for any further term, and in such case Base Rent shall be payable at a daily rate equal <br />to two times the amount of the daily Base Rent applicable during the last rental period of the <br />Term under this Lease. Such tenancy shall be subject to every other applicable term, covenant <br />and agreement contained herein. Nothing contained in this Section 14(c) shall be construed as <br />consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to <br />require Tenant to surrender possession of the Leased Premises to Landlord as provided in this <br />8 <br />
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