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Resolution 5871
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Resolution 5871
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12/13/2016 9:14:32 AM
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Resolutions
Resolution Number
5871
Date
2/21/2007
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Lessor further represents and warrants that (i) Lessor has the full right, lawful authority and <br /> power to enter into this Lease and to perform Lessor's obligations under this Lease, and (ii) the <br /> execution and delivery of this Lease by Lessor, and Lessor's performance of its obligations <br /> hereunder, does not and will not conflict with or cause a breach under any agreement to which <br /> Lessor is a party. Lessor makes no other representations or warranties of any kind concerning <br /> the Premises, including but not limited to the lawfulness of Lessee's intended use of the <br /> Premises, the suitability of the Premises for Lessee's intended use, or the safety or condition of <br /> the Premises. Lessor and Lessee agree and acknowledge that Lessee has been in ownership and <br /> possession of the Premises prior to entry into this Lease. <br /> 7. Expiration/Termination. Lessor acknowledges that, upon expiration or sooner <br /> termination of this Lease, the FF&E at the Property, if any, shall become the property of Lessee. <br /> Upon the expiration or sooner termination of this Lease, Lessee shall, at its expense, (i) remove <br /> any such FF&E and all of Lessee's personal property from the Premises and (ii) quit and <br /> surrender to Lessor the property on which the Premises are located. <br /> 8. Utilities. Lessee hereby covenants and agrees to pay all charges for heat, light, <br /> water, sewer and trash removal, to the extent any such charges are incurred by Lessee during the <br /> term of this Lease, and for all other public utilities which shall be used in or charged against the <br /> Premises during the term of this Lease. <br /> 9. Liens and Insolvency. Lessee shall keep the Premises free from any liens arising <br /> out of any work performed,materials furnished, or obligations incurred by Lessee. <br /> 10. Use. Lessee shall not use the Premises for any illegal purpose and shall comply <br /> with all applicable state and local laws and ordinances pertaining to Lessee's use of the Property. <br /> 11. Insurance. Lessee shall, at Lessee's expense, obtain and keep in force during the <br /> term of this Lease a policy of combined single limit general liability insurance covering bodily <br /> injury and property damage insuring Lessee (and Lessor and Lessor's agents, employees, and <br /> consultants as additional insureds) against liability arising out of Lessee's use or occupancy of <br /> the Premises. Such insurance shall be a combined single limit policy in an amount not less than <br /> one million dollars per occurrence, two million dollars in the aggregate. Lessee may carry such <br /> insurance in a blanket form of coverage. Such coverage may be carried in the form of primary <br /> and/or any other secondary coverage carried by Lessee including Lessee's umbrella policy. <br /> Notwithstanding anything to the contrary contained herein, Lessor shall not be responsible for <br /> any loss or damage to Lessee's property on the Premises, all of which shall be maintained by <br /> Lessee at Lessee's sole risk and expense. <br /> 12. Assignment. Lessee may not let or sublet the whole or any part of the Premises or <br /> assign this Lease or any part thereof without the prior written consent of Lessor, which consent <br /> shall not be unreasonably withheld, conditioned,or delayed. <br /> 13. Access. Lessee will allow Lessor or Lessor's agents free access at all reasonable <br /> times to the Premises; provided however, that Lessor agrees to indemnify and hold Lessee <br /> harmless from and against any and all damage or loss arising out of, or related to, Lessor's or its <br /> agents' access to the Premises pursuant to this Section 13. <br /> E-2-2 <br /> 06107-0063 LEGA LI 3023969.1 <br />
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