Laserfiche WebLink
DRS462 <br /> abatement of Lease Payments otherwise payable by City under this <br /> Lease. <br /> 12 . 3 Insufficiency of Condemnation Award. If the <br /> condemnation award is insufficient to pay in full the cost of any <br /> Lease Payments or any repair, restoration, modification or <br /> improvement of any component of the Improvements, the City may, <br /> subject to appropriation of sufficient funds, complete the work <br /> and pay any cost in excess of the amount of the condemnation <br /> award. The City shall not be entitled to any reimbursement <br /> therefor from the Lessor nor shall the City be entitled to any <br /> diminution of any Lease Payments otherwise payable hereunder. <br /> 12 .4 Cooperation of the Lessor. The Lessor shall cooperate <br /> fully with the City and at the expense of the City in filing any <br /> proof of loss with respect to any insurance policy covering the <br /> events described in Articles XII and XIII hereof and in the <br /> prosecution or defense of any prospective or pending condemnation <br /> proceeding with respect to the Improvements or any part thereof <br /> and, to the extent it may lawfully do so, authorizes the City to <br /> litigate in any proceeding resulting therefrom in the name of and <br /> on behalf of the Lessor. In no event will Lessor voluntarily <br /> settle, or consent to the settlement of, any proceeding arising <br /> out of any insurance claim or any prospective or pending <br /> condemnation proceeding with respect to the Improvements or any <br /> part thereof without the written consent of the City. <br /> ARTICLE XIII: DESTRUCTION OF LEASED PREMISES <br /> In the event the Leased Premises are damaged or destroyed by <br /> fire or other casualty following the Payment Obligation <br /> Commencement Date, this Lease shall not terminate nor shall there <br /> be any abatement of the Lease Payments otherwise payable by City <br /> hereunder and City may repair, rebuild or restore all or any <br /> portion of the Improvements that have been damaged or destroyed <br /> in full compliance with all legal requirements and to the same <br /> condition, character and at least equal value and utility to that <br /> existing prior to such damage or destruction. <br /> ARTICLE XIV: ACCESS BY LESSOR <br /> At any time during the term hereof Lessor or Lessor's agents <br /> shall have the right to enter the Leased Premises on reasonable <br /> notice to examine the same. Nothing contained herein shall be <br /> construed to impose upon Lessor any duty of repair of the Leased <br /> Premises. <br /> ARTICLE XV: SURRENDER OF PREMISES <br /> The City shall promptly yield and deliver to Lessor <br /> possession of the Leased Premises at the termination of this <br /> Lease at the expiration date or at any prior termination date. <br /> B-14 <br />