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AG 2017 02 20
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AG 2017 02 20
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Last modified
2/22/2017 11:54:50 AM
Creation date
11/27/2017 10:27:23 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/20/2017
Board
Board of Commissioners
Meeting Type
Regular
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Premises or any part thereof. Lessor may lease to third parties only those portions of <br /> the Premises not used or abandoned by the Tenant, if any, In the event Tenant does not <br /> use any portion of the Premises for a minimum period of six months, such portion of <br /> the Premises shall be deemed abandoned by Tenant. (fin-going construction occurring in <br /> any portion of the Premises shall not be considered abandonment of use by Tenant. All <br /> provisions contained in this Lease shall be binding upon and inure to the benefit of any <br /> permitted successors and assigns. Sublease or assignment of this Lease by Lessee shall <br /> be in the sole and exclusive discretion of Lessor and shall not relieve Lessee of any of <br /> its obligations hereunder. Lessor may assign this Lease or the proceeds thereof at any <br /> time upon written notice to Lessee. <br /> 11. Authority. Lessor and Tenant each warrant and represent to the other that they <br /> have obtained all requisite authority to enter into this Lease and the parties executing <br /> this Lease on their behalf have the requisite authority to bind such party.. <br /> 12. Quiet Enjo_ytunentl Subordination. Lessor covenants and agrees, provided Tenant <br /> performs the terms and conditions of this Lease as and when required (within any <br /> applicable cure period), to take all reasonable steps to maintain for the benefit of Tenant <br /> the quiet and peaceful possession and enjoyment of the Premises without disturbance by <br /> Lessor or any other person claiming title or possession to the Premises or the Building <br /> or any part thereof through Lessor. However, Lessee acknowledges that this Lease <br /> shall be subordinate to the lien of any present or future mortgage or deed of trust upon <br /> Lessor's interest in the Premises. Upon Lessor's request, from time to time, Tenant <br /> shall (a) confirm in writing and in recordable form that this lease is subordinate to the <br /> lieu of any mortgage or deed of trust and (b) execute an instrument making this Lease <br /> so subordinate to the lien of any mortgage or deed of trust, in such reasonable form as <br /> may be required by the holder of such mortgage or deed of trust; provided, that said <br /> instrument shall not impair, diminish or alter any rights, privileges and benefits <br /> vonferred by this Lease to Tenant or the Premises. <br /> If the Premises are encumbered by a mortgage or deed of tntst and such mortgage or <br /> deed of trust is foreclosed, or if the Premises are sold pursuant to Such foreclosure or <br /> by reason of a default under said mortgage or deed of trust, then notwithstanding such <br /> foreclosure, such sale, or such default at the request of the holder of the mortgage or <br /> deed of trust or purchaser at such foreclosure or sale, Tenant shall attorn to the holder <br /> of such rttortgage or deed of trust or purchaser and execute a new lease for the Premises <br /> setting forth all of the provisions of this Lease for the balance of the term, provided that <br /> said instrument shall not impair, diminish or alter any rights, privileges and benefits <br /> conferred by this Lease to Tenant or the Premises. <br /> At any time within ten (10) days after request by Lessor, by written. instrument, duly <br /> executed and acknowledged, Tenant shall certify to Lessor, any holder of a mortgage or <br /> deed of trust, any purchaser, or any other person, specified by Lessor, to the effect (a) <br /> whether or not Tenant is in possession of the Premises; (b) whether or not this Lease is <br /> unmodified and in fill force and effect (or if there has been modification, that the same <br /> is in full force and effect as modified and setting forth such modification); (c) whether <br /> Attachment number 1 \n <br /> F-4 Page 64 <br />
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