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6.0. EDSR 02-10-1997
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6.0. EDSR 02-10-1997
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2/10/1997
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payment of the Base Rent and other charges and the time period covered by such payment; (v) <br /> • such other matters as may be reasonably required by Landlord or the holder of a mortgage, deed <br /> or trust or lien to which the property is or becomes subject. Tenant shall deliver such statement <br /> to Landlord within ten (10) days after Landlord's request. If Tenant does not provide such <br /> statement within such 10-day period, then any such statement by Tenant may be given by <br /> Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely <br /> upon the following facts; (ii) that this Lease has not been cancelled or terminated except as <br /> otherwise represented by Landlord, (iii) that not more than one month's Base Rent or other <br /> charges have been paid in advance; and (iv) that Landlord is not in default under the Lease. In <br /> such event, Tenant shall be stopped from denying the truth of such facts. <br /> ARTICLE XIV. - EMINENT DOMAIN <br /> 15.01 If the Premises or such substantial part thereof as reasonably renders the remainder <br /> unfit for the intended uses shall be taken by any competent authority under the power of eminent <br /> domain or be acquired for any public or quasi-public use or purpose, the Term of this Lease shall <br /> cease and terminate upon the date when the possession of said Premises or the part thereof so <br /> taken shall be required for such use or purpose and without apportionment of the award and <br /> Tenant shall not have a claim against Landlord for the value of any unexpired term of this Lease. <br /> If any condemnation proceeding shall be instituted in which it is sought to take any part of the <br /> Building or to change the grade of any street or alley adjacent to the Building and such taking or <br /> change of grade makes it necessary or desirable to remodel the Building to conform to the <br /> • changed grade, Landlord shall have the right to terminate this Lease after having given written <br /> notice of termination to Tenant not less than ninety (90) days prior to the date of termination <br /> designated in the notice. In either of said events,rent at the then current rate shall be apportioned <br /> as of the date of the termination. No money or other consideration shall be 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; <br /> any laws, rules, orders, regulations or requirements of any governmental authority now or <br /> hereafter in force; strikes or riots; accident in, damage to or the making of repairs, replacements, <br /> or improvements to the Premises or any of the equipment thereof; or by reason of any other <br /> cause 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 /> 8 <br />
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