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8.0. EDSR 04-13-1998
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8.0. EDSR 04-13-1998
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City Government
type
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4/13/1998
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• as of the date of the termination. No money or other consideration shall he payable by the <br /> Landlord to the Tenant for the right of termination and the Tenant shall have no right to share in <br /> the condemnation award or in any judgement for damages caused by the taking or the change of <br /> grade. Nothing in this paragraph shall preclude an award being made to Tenant by the <br /> condemning authority for loss of business or depreciation to and costs of removal of equipment <br /> or fixtures, provided that such award shall not diminish the award otherwise available to <br /> Landlord. <br /> ARTICLE XVI. -LANDLORD'S INABILITY TO PERFORM <br /> 16.01 If, by reason of inability to obtain and utilize labor, materials or supplies; <br /> circumstances directly or indirectly the result of a state of war or national or local emergency; any <br /> laws, rules, orders, regulations or requirements of any governmental authority now or hereafter in <br /> force; strikes or riots; accident in, damage to or the making of repairs, replacements, or <br /> improvements to the Premises or any of the equipment thereof; or by reason of any other cause <br /> beyond the reasonable control of Landlord, Landlord shall be unable to perform or shall be <br /> delayed in the performance of any covenant to supply any service, such nonperformance or delay <br /> in performance shall not render Landlord liable in any respect for damages to either person or <br /> property, constitute a total or partial eviction, constructive or otherwise, work an abatement of <br /> rent of relieve Tenant from the fulfillment of any covenant or agreement contained in this Lease. <br /> • ARTICLE XVI. - COMMON AREA <br /> 17.01 The term "Common Area" means all the areas and facilities of the Building not <br /> intended for renting and, instead, designed for the common use and benefit of Landlord and all or <br /> substantially all of the tenants, their employees, agents, customers and invitees. The Common <br /> Area includes, but is not limited to, all parking lots, rail spurs, truck courts, landscaped and <br /> vacant areas, driveways, walks and curbs with facilities appurtenant to each as such areas may <br /> exist from time to time. Landlord shall operate and maintain the Common Area at its own cost. <br /> Landlord hereby grants to Tenant the non-exclusive revocable use of the Common Area by <br /> Tenant, Tenant's employees, agents, customers and invitees, which use shall be subject at all <br /> times to such reasonable, uniform and non-discriminatory rules and regulations as may from time <br /> to time be established by Landlord. <br /> 17.02 Tenant shall not use any part of the Building exterior to the Premises for outside <br /> storage. No trash, crates, pallets, or refuse shall be permitted anywhere outside the Building by <br /> Tenant except in enclosed metal containers to be located as directed by Landlord. Tenant shall <br /> not park any trucks or trailers, loaded or empty, except in front of the docks on the concrete <br /> apron provided for such purposes. Tenant shall not park or permit parking of vehicles overnight <br /> anywhere about the Building's parking areas without the prior written consent of Landlord. <br /> ARTICLE XVII. - COMPLETION AND ACCEPTANCE OF PREMISES. MAINTENANCE <br /> AND CARE <br /> • 18.01 Completion and Acceptance. Landlord will complete the Premises in accordance with <br /> the Plans and Specifications attached hereto as Exhibit "C". Tenant acknowledges that it will <br /> 8 <br />
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