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AG 2009 03 16
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AG 2009 03 16
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Last modified
2/5/2010 11:35:16 AM
Creation date
11/27/2017 11:25:04 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/5/2010
Board
Board of Commissioners
Meeting Type
Regular
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<br /> <br />12.12 Surrender and Holding Over. Tenant shall deliver up and surrender to Landlord possession <br />of the Premises upon the expiration of the Lease, or its termination in any way, in as good of condition and <br />repair as the same shall be at the Rent Commencement Date (subject only to ordinary wear and tear) and <br />' shall deliver the keys to the Improvements to the office of Landlord or Landlord's agent. Should Tenant or <br />any party claiming under Tenant remain in possession of the Premises, or any part thereof, after any <br />termination of this Lease, Tenant shall be deemed to be occupying the Premises as a Tenant from month to <br />' month at one hundred ten percent (110%) the fair market rental value with respect to the Lease year in <br />which (or at the end of which) the termination occurred, together with all Additional Rent and charges as set <br />forth in this Lease and all other additional charges provided for in this Lease. <br />' 12.13 Liability of Landlord If Landlord shall fail to perform any covenant, teen or condition of <br />this Lease upon Landlord's part to be performed and, as a consequence of such default, Tenant shall recover <br />a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale <br />' received upon execution of such judgment and levy thereon against the right, title and interest of Landlord <br />in the Premises as the same may then be encumbered and Landlord shall not be liable for any deficiency. It <br />is understood that in no event shall Tenant have the right to levy execution against any property of Landlord <br />' other than its interest in the Premises as hereinbefore expressly provided. In the event of the sale or other <br />transfer of Landlord's right, title and interest in the Premises, Landlord shall be released from all liability <br />and obligations hereunder. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />12.14 Counterparts. This Lease may be executed in two or more counterparts, each of which <br />shall be identical and may be introduced in evidence or used for any other purpose without any other <br />counterpart, but all of which shall together constitute one and the same agreement. <br />12.15 Notices. All notices, demands and requests which may be given or which are required to <br />be given by either party to the other must be in writing. All notices, demands and requests by City or <br />County shall be sent by overnight delivery by a nationally recognized carrier that can and shall provide <br />proof of delivery (in which event the delivery date of such notice shall be the date of receipt by the <br />addressee) addressed as follows, or to such other address as a party may specify by duly given notice: <br />If to City: Michael B. Legg <br />City Manager <br />City of Kannapolis <br />246 Oak Avenue <br />Kannapolis, North Carolina 28081 <br />Telephone: 704-920-4300 <br />Fax:704-933-7463 <br />With Copy to: Walter M. Safrit, II <br />Rutledge, Friday, Safrit & Smith <br />1910 Dale Earnhardt Boulevard <br />Kannapolis, North Carolina 28083 <br />Telephone: 704-938-3139 <br />Fax: 704-938-3900 <br />15 <br />F-6 <br />Attachment number 1 <br />Page 192 of 286 <br />
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