2010/05/26 Council Agenda Packet

WITHHOLDING OF RENT PAYMENTS 23. If the Lessor fails to maintain the premises the Lessee may withhold ten percent (10%) of rent payments until such time as Lessor completes deficient maintenance, repair and/or improvements that may be required. Lessee shall provide Lessor with a list of deficient maintenance, repair and/or improvement items and notify Lessor that Lessee will withhold rent payment until deficient maintenance, repair and/or improvements have been completed. Lessee shall place all withheld rent payments in an interest bearing account. Withheld rent payments plus accrued interest will be remitted to Lessor after the Depar-tment of Ge ' Lessee has verified that Lessor has satisfactorily completed all maintenance, repair and/or improvements. Nothing in this provision shall limit other remedies which may be available to Lessee under this Lease. CONDEMNATION 24. Entire Taking If all of the Premises, or such portions of the Premises or of the Building as may be required for the reasonable use of the Premises, are taken by eminent domain or under threat of eminent domain, this Lease shall automatically terminate as of the date title vests in the condemning authority and all Rent, Additional Rent and other payments shall be paid to that date. 24.1. Constructive Taking of Entire Premises In the event of a taking of a material part of, but less than all of the Building, where Lessor shall reasonably determine that the remaining portions of the Building cannot be economically and effectively used by it (whether on account of physical, economic, aesthetic or other reasons). Lessor shall forward a written notice to Lessee of such determination not more than thirty (30) days after the date of taking. The term of this Lease shall expire upon such date, as Lessor shall specify in such notice but not earlier than thirty (30) days after the date of such notice. 24.2. Partial Taking In case of taking of a part of the Premises, or a portion of the Building not required for the reasonable use of the Premises, then this Lease shall continue in full force and effect and the Rent shall be equitably reduced based on the proportion, if any, by which the floor area of the Premises is reduced, such Rent reduction to be effective as of the date title to such portion vests in the condemning authority, 24.3. Termination by Lessor In the event that title to a part of tile Building other than the Premises shall be so condemned or taken and if, in tile opinion of the Lessor, the Building should be restored in such a way as to alter the Premises materially, the Lessor may terminate this Lease and the term and estate hereby granted by notifying the Lessee of such termination within sixty (60) days following the date of vesting of title, and this Lease and the term and estate hereby granted shall expire on the date specified in the notice of terminationl, not less than sixty (60) days after the giving of such notice, as fully and completely as if such date were the date set for the expiration of the term of this Lease, and the Rent hereunder shall be apportioned as of such date. 24.4. Awards and Damages Lessor reserves all rights to damages to the Premises for any partial, constructive, or entire taking by eminent domain, and Lessee hereby assigns to Lessor any right Lessee may have to such damages or award, and Lessee shall make no claim against Lessor or the condemning authority for damages for termination of the leasehold interest. Lessee shall have the right, however, to claim and recover from the condemning authority compensation for any loss to which Lessee may be put for Lessee's moving expenses, business interruption or taking of Lessee's personal property (not including Lessee's leasehold interest), provided that such damages may be claimed only if they are awarded separately in the eminent domain proceedings and not out of or as part of the damages recoverable by Lessor. 41