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2013/02/20 Council Agenda Packet
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2013/02/20 Council Agenda Packet
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Council Agenda Packet
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2/20/2013
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10 <br /> request of both Lessee and Lessor's Assignee at the time of submitting said assignment to Lessor <br /> for its consent. <br /> S. CASUALTY REBUILDING CONDEMNATION. In the event the building of <br /> which the Premises are a part shall be destroyed or damaged by fire or other causes(and <br /> regardless of the extent of the damage to the Premises)to such an extent that the Lessor shall <br /> decide to discontinue the operation of the building as an office building,which decision shall be <br /> communicated to Lessee within thirty(30)days after such damage or destruction, then this lease <br /> shall be terminated as of the date of such damage or destruction. In the event of damage to the <br /> Premises by fire or other causes,other than under the circumstances described in the preceding <br /> sentence,Lessor shall repair the Premises within a reasonable time and as quickly as <br /> circumstances will permit upon the same plan as immediately before the damage or destruction. <br /> Until the Premises are repaired and put in a good and tenantable order,the rents herein provided <br /> for, or a fair and just proportion thereof according to the nature and extent of the damage <br /> sustained, shall be abated until the Premises shall have been restored to the same condition as <br /> they were before such damage or destruction. <br /> In the event that the Premises are not usable as contemplated in this agreement for over <br /> 180 days due to the damage,Lessee shall have the right to terminate the lease. <br /> If the property or any part thereof wherein the Premises are located shall be taken by <br /> public or quasi-public authority under any power of eminent domain or condemnation,this lease, <br /> at the option of the Lessor shall forthwith terminate and Lessee shall have no claim or interest in <br /> or to any award df damages for such taking. <br /> 9. WAIVER OF SUBROGATION. Lessor and Lessee each mutually release the other <br /> from every right, claim and demand which may hereafter arise in favor of either arising out of or <br /> in connection with any loss occasioned by fire and such other perils as are included in the <br /> provisions of the normal extended coverage clauses of fire insurance policies, and do hereby <br /> waive all rights of subrogation in favor of insurance carriers arising out of any such losses and <br /> sustained by either the Lessor or the Lessee in or to the Premises or any property therein. <br /> Provided,however,that if at any time either Lessor or Lessee can obtain a waiver of subrogation <br /> clause only for an additional premium, such clause shall be obtained only if the party in whose <br /> favor it runs pays such additional premium. If such waiver of subrogation can be obtained only <br /> for an additional premium by either Lessor or Lessee, and either party elects not to obtain a <br /> waiver of subrogation,this entire clause shall be null and void. <br /> 10. NOTICES. All notices to be given by the parties hereto shall be in writing and may <br /> either be served personally or may be deposited in the United States mail,postage prepaid,by <br /> either registered or certified mail, and if to be given Lessor,may be addressed to Lessor at: <br /> Mayor of Everett Real Property Manager City Clerk <br /> City of Everett City of Everett City of Everett <br /> 2930 Wetmore 3200 Cedar Ave. 2930Wetmore <br /> Everett,WA 98201 Everett, WA 98201 Everett,WA 98201 <br /> or if to be given Lessee,may be addressed to Lessee at the following address(es): <br /> Congressman Rick Larsen <br /> Wall Street Building Suite 901 <br /> 2930 Wetmore Ave <br /> Everett, WA 98201 <br /> 6 03 <br />
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