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AG 1998 11 16
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AG 1998 11 16
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Last modified
3/25/2002 6:09:44 PM
Creation date
11/27/2017 11:52:51 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
11/16/1998
Board
Board of Commissioners
Meeting Type
Regular
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obligation or default which shall have been fully <br />performed or corrected by the Mortgagee to the <br />extent of such performance or correction which <br />Landlord is entitled to retain the benefits of <br />without challenge. <br /> <br />(d) <br /> <br />Entry of the Demised Premises or foreclosure, by <br />sale or otherwise, by any Mortgagee, shall <br />automatically terminate this Lease. <br /> <br /> 14. ~ DOMAIN. If more than twenty percent (20%) <br />of the Demised Premises, or if any part of the improvements <br />which have been constructed thereon, shall be taken by or <br />conveyed to any public authority under the power of eminent <br />domain, or by private purchase in lieu thereof, Tenant may <br />terminate this Lease forthwith as of the date possession of <br />such premises shall be delivered to such condemnor or <br />purchaser, and any rent paid in advance, as of such delivery <br />date, shall be refunded to Tenant. Tenant shall have the <br />alternative right to continue the possession of any part of <br />the premises not taken under power of eminent domain, under <br />the same terms and conditions hereof. Tenant shall be entitled <br />to all proceeds arising from condemnation and relating to the <br />value of the improvements, and/or to the amount of damages <br />arising from the curtailment of Tenant's business and/or <br />Tenant's inability to continue to operate an adult day care <br />facility upon the Demised Premises, and Landlord shall be <br />entitled to all proceeds arising from condemnation and <br />relating to the value of the land only. Nothing contained <br />herein shall be deemed or construed to prevent Landlord, or <br />Tenant, as their interests may appear, from enforcing and <br />prosecuting a claim in a condemnation proceeding brought <br />against either of them under a power of eminent domain. <br /> <br /> 15. ENVIRON~qTAL CONDITIONS~ INDEMNIFICATION. <br />Landlord represents that no pollutants, petroleum'or petroleum <br />products, or other hazardous substances (hereinafter sometimes <br />collectively referred to as "Hazardous Substances"), including <br />any solid, liquid, gaseous, or thermal irritant or <br />contaminant, such as smoke, vapor, fumes, acids, alkalis, <br />chemicals or waste (including materials to be recycled, <br />stored, or reclaimed) have been discharged, dispersed, <br />released, stored, treated, generated, disposed of, or allowed <br />to escape on the Demised Premises; no asbestos, or asbestos- <br />containing materials, have been installed, used, incorporated <br />into, or disposed of on the Demised Premises; no "PCBs" are <br />located in or on the Demised Premises, in the form of <br />electrical transformers, fluorescent light fixtures with <br />ballasts, cooling coils, or in any other device or form; no <br />underground storage tanks are located on the Demised Premises; <br /> <br />10 <br /> <br /> <br />
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