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Swamp Creek & Western Railroad Association 5/25/2023
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Swamp Creek & Western Railroad Association 5/25/2023
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Last modified
6/2/2023 10:37:55 AM
Creation date
6/2/2023 10:37:13 AM
Metadata
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Contracts
Contractor's Name
Swamp Creek & Western Railroad Association
Approval Date
5/25/2023
Council Approval Date
5/17/2023
End Date
5/17/2028
Department
Real Property
Department Project Manager
Darcie Byrd
Subject / Project Title
Train Museum Lease at Everett Station
Tracking Number
0003687
Total Compensation
$31,101.72
Contract Type
Real Property
Contract Subtype
Leases
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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management, leasing, repair, renovation, alteration or any other matter relating to the Leased <br /> Premises shall be limited solely and exclusively to the interest of Landlord in the Building. <br /> (h) No Consequential Damages. Notwithstanding any contrary provision <br /> herein, Landlord shall not be liable under any circumstances for injury or damage to, or <br /> interference with, Tenant's business, or for any consequential, incidental or special damages, <br /> including but not limited to, loss of profits, loss of rents or other revenues, loss of business <br /> opportunity, loss of goodwill or loss of use, in each case, however occurring. <br /> (i) Heirs. The rights, liabilities, and remedies provided for herein shall extend <br /> to and be binding upon the heirs, legal representatives, successors and, so far as the terms of this <br /> Lease permit, assigns of the parties hereto; and the words "Landlord" and "Tenant" and their <br /> accompanying verbs or pronouns, wherever used in this Lease, shall apply equally to all persons, <br /> firms or corporations which may be or become parties hereto. <br /> (j) Joint and Several Liability. If Tenant is composed of more than one <br /> signatory to this Lease, each signatory shall be jointly and severally liable with each other <br /> signatory for payment and performance according to this Lease. The act of, notice to, notice <br /> from, refund to or signature of, any signatory to this Lease (including, without limitation, <br /> modifications of this Lease made by fewer than all such signatories) shall bind every other <br /> signatory as though every other signatory had so acted, or received or given the notice or refund, <br /> or signed. <br /> (k) Recording. Tenant agrees that Landlord, at its sole option, may record a <br /> written memorandum of this Lease, and that Tenant shall have no right to record this Lease or <br /> such a memorandum. <br /> (I) Costs and Attorney's Fees. If, by reason of any default or breach on the <br /> part of Tenant in the performance of any of the provisions of this Lease, it becomes necessary <br /> for Landlord to institute legal action to interpret this Lease or as a result of the breach or default, <br /> then Tenant agrees to pay all reasonable costs and attorney's fees incurred by Landlord in <br /> connection therewith, including, without limitation, those on any appeal or in any bankruptcy <br /> action. <br /> (m) Entire Agreement; Amendment. This Lease represents the entire <br /> agreement between the parties and supersedes all other agreements and representations made <br /> prior hereto. No amendment hereof shall be binding on either party unless and until approved <br /> in writing by both parties. <br /> (n) Severability. If any provision of this Lease or any application hereof shall <br /> be found to be invalid or unenforceable, for any reason, such provisions shall be enforceable to <br /> the maximum extent permitted by law and the remainder of this Lease and any other application <br /> of such provision shall not be affected thereby. <br /> 17 <br />
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