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Agenda 07/13/1999
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Agenda 07/13/1999
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7/24/2000 10:00:29 PM
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8/30/1999 5:51:26 PM
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City Council
Meeting Date
7/13/1999
City Council - Category
Agendas
City Council - Type
General
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13. Subletting. Tenant shall not assign this Lease or sublet the premises without the <br />written consent of the Landlord. <br /> <br /> 14. Casualty Loss. Should the demised premises be rendered substantially impaired <br />in function by fire or other casualty, then the rent due under this Lease shall abate for such period <br />of time as may be necessary to restore the premises to fully usable condition. The amount of the <br />abatement of rent shall be determined with regard to the degree that Tenant's use of the demised <br />premises is restricted by the occurrence of the casualty 'loss. Landlord shall have no liability to <br />Tenant for lessened use of the demised premises during the lease term by reason of any casualty <br />loss. The abatement of rent provided for in this paragraph shall not occur if the casualty loss is <br />due to the negligence or willfulness of an employee or other agent or Tenant. In the event the <br />demised premises should in the sole judgment of the Landlord be substantially destroyed by fire <br />or other casualty, the Landlord shall have no duty to repair and at its option may declare the <br />Lease terminated. <br /> <br /> 15. Leasehold Improvements. Tenant shall have the right to remove at the <br />termination of any Lease term hereunder any and all of its personal property, including fixtures <br />but excluding any structure of a permanent character affixed to the leased premises, but the <br />Tenant shall reimburse Landlord for any damage caused to the building by reason of any such <br />removal and shall leave the premises in a neat and orderly condition. Landlord may impose <br />reasonable conditions related to any such proposed improvements upon the granting of such <br />consent. <br /> <br /> 16. Subordination. This Lease is subject to any and all mortgages or deeds of trust <br />now or hereafter placed on the property of which the Premises are a part, and to all renewals, <br />replacements, modifications and extensions thereof. If requested by Landlord, Tenant shall <br />promptly execute and deliver to Landlord any such certificate or certificates as Landlord may <br />reasonably request evidencing subordination of this Lease to or the assignment of this Lease as <br />additional security for such mortgages or deeds of trust. Provided, however, in each case the <br />holder of the mortgage or deed of trust shall agree that this Lease shall not be divested by <br />foreclosure or other default proceedings thereunder so long as Tenant shall not be in default <br />under the terms of this Lease beyond the expiration of cure periods. Tenant shall continue its <br />obligations under this Lease in full force and effect notwithstanding any such default <br />proceedings under a mortgage or deed of trust and shall attorn to the mortgagee, trustee or <br />beneficiary of such mortgage or deed of trust, and their successors and assigns, and to the <br />transferee under any foreclosure or default proceedings. Tenant will, upon request of Landlord, <br />execute and deliver to Landlord or to any other person designated by Landlord, any instrument or <br />instruments required to give effect to the provisions of this paragraph. If Landlord transfers, <br />sells or conveys the Building, whether by merger or otherwise, Landlord's successor shall make <br />every reasonable effort to provide Tenant with a non-disturbance agreement from its lender, if <br />applicable. Landlord represents tO Tenant that no mortgage or deed of trust lien exists against <br />the Building of which the Premises form a part. <br /> <br /> 17. Governing Law. This agreement shall be governed by and construed in <br />accordance with the laws of the Commonwealth of Virginia. <br /> <br /> <br />
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