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Ordinance 1858-92
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Ordinance 1858-92
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Ordinances
Ordinance Number
1858-92
Date
2/12/1992
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good repair and condition, reasonable wear and tear and ordinary <br /> use excepted, provided, however, that nothing herein shall be <br /> construed to release the Lessor from the performance of its <br /> obligations under the Construction Contract and if the Lessor <br /> should fail to perform any such obligation, the City may institute <br /> such legal action against the Lessor as the City may deem necessary <br /> to compel the performance of such obligation or to recover damages <br /> therefor. Notwithstanding anything in this Lease to the contrary, <br /> City shall have no obligations to indemnify Lessor for any claims, <br /> loss, liabilities or damages arising from the negligent or willful <br /> acts or omissions of Lessor. <br /> 6. 2 Lease Nonterminable. Except as otherwise expressly <br /> provided in Articles II, XI, XII, and XIX hereof, this Lease shall <br /> not terminate, nor shall City have any right to terminate this <br /> Lease or to be released or discharged from any obligations or <br /> liabilities hereunder for any reason, including, without <br /> limitation, damage or destruction of the Improvements, it being <br /> the intention of the parties hereto that all Lease Payments payable <br /> by City hereunder shall continue to be payable in all events in the <br /> manner and at the times herein provided unless the obligation to <br /> pay the same shall be terminated pursuant to the express provisions <br /> of this Lease. In that connection, City hereby waives, to the <br /> extent permitted by applicable law, any and all rights which it may <br /> now have or which may at any time hereafter be conferred upon it, <br /> by statute or otherwise, to terminate, cancel, quit or surrender <br /> this Lease except in accordance with the express terms hereof and <br /> agrees that if, for any reason whatsoever, this Lease shall be <br /> terminated in whole or in part by operation of law or otherwise <br /> except as specifically provided herein, City will nonetheless pay <br /> to Lessor (or to whosoever shall be entitled thereto as expressly <br /> provided herein) an amount equal to each Lease Payment at the time <br /> such payment would have become due and payable in accordance with <br /> the terms hereof had such termination not occurred. <br /> 6. 3 Tax and Utility Charges. City shall pay as Additional <br /> Rent all charges for utility, communication and other services <br /> rendered to or used on or about the Leased Premises assessed and <br /> payable from and after Payment Obligation Commencement Date. City <br /> also covenants to and agrees to pay all taxes and assessments <br /> levied upon the Leased Premises that are assessed and payable after <br /> the Payment Obligation Commencement Date, provided that if any such <br /> taxes or assessments may be paid in installments without penalty <br /> City shall have the right to pay any such taxes or assessments in <br /> installments and provided further that the City shall also be <br /> liable for any property taxes assessed with respect to the Leased <br /> Premises after the Payment Obligation Commencement Date. <br /> 6. 4 Compliance with Laws. City shall at all times from and <br /> after the Payment Obligation Commencement Date, at City's own cost <br /> B-13 KR170 92/01/27 <br />
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