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HomeMy WebLinkAbout1764 f ~ . 1 . ~ ~ ~ ~ ~ [ may impose such terms and conditions relative to 1 requirinq the Lessee to supplement such funds in 1 such amounts as may be necessary to pay for recon- struction and repair, to disbursements of thQ same, a?nd to such other matters relatinq to such funds ~ and proceeda as such mortqaqee may require. ~ 14. Lessor's Ri ht to 11 1 Funcls ~Ield on Behalf of ~he Lessee. If at any ime urinq e erm o is ease e Lcssor s a ave in " its possession monies otherwise belonqing or payable to the Lessee, and the Lessee shall at the time said money or funds would otherwise be payable to it be in default in the payment of a~ny of its obli- .qations provided for herein, the Lessor shall have the riqht to apply 8uah proceeds aqainst all existinq defaults to the extent available ar ~ ~ aecassary to cure such defaults.~ . ~ 15. ' ~rninent Domain. ~ - ` ~ a. As to Demised Premises. ~ ~ (1) Total Taking. If durinq the term of this ~ Lease the entire Demised Premises shall be taken as~ a result of the exercise of the power of eminent domain, herein called "proceedinq", this Lease and ~ all riqht, title and interest of the Lessee hereunder shall cease and come to an end on the date of the ~ vestinq of title pursuant to such proceedinq and the I.essor shall be entitled to and shall receive the . total award made in such proceedinq and the Lessee ~ hereby absolutely assigns such award to the I.essor. - ~ (2) Partial Takin . If during the term of this ~ i ~ Lease less an e entire Demised Premises shall be . taken it~ any such proceedinq, this Lease shall term~ inate as to the part so taken and the Lessor shall be ~ . entitled to and shall receive the total award made ~ ~ in any such proceedinq and the Lessee hereby assiqns such award to Lessor~, but the.Lessee in such case. : covenants and aqrees that at Lessee's sole cost II and expense (subject to reimbursement as hereinafter . ; provided) promptly to restore., repair and replace ! those portions of the buildinqs on the Demised Pre.raises ' not so taken to complete architectural units and re- - ~ place buildinqs totally taken for the use and occupancy ~ of the Lessee as in this Lease expressed. The Lessor agrees in connectiun with such restoration to apply - or cause to be. applied the net amount of any award ~ ~ for damqe to the building or bui2dimgs on the Demised Premises that may be received by it in any such pro- - ceedinq taward the cost of such restoration and re- ~ placement (but the amount so applied shall not include - _ the cost of any alteration, construction, change or improvement the Lessee may desire to make that its not . necessary to restore tha~ portion of the buildings not so taken to a complete architectural unit or to replace buildings totally taken to substantially the same usefulness, design, and construction as ~ immediately before such takinq, it beinq understood ~ that no alteration or change in the basic configur-- ,t' ation of the improvement shall be made without the ~ ~ approval of the Lessor~, and the said net award shall be paid out froza time to time to the I~es~ee as such restoration and replacement progresses upon the written certificate of the Lessee or of the contractor who has contracted for the performance of such restoration . ; . ar?d replac~a~eat, all in the same manner, and subject to i the same pravisions,~ as set forth for disbursal of ~ fwnds for reco~n~tructioa and repair in paraqraph 13 d. (1) hereot. -11- • $OOK~~ R~CE~~ 1.~W 01/IGis OI OOLOfTLIN. FAAI~/I~WN. 6Mp/~IN ~ it',I{MNK.'.A.. 2020 NORTH[AtT 1Si11o iTR[[T. NORTM MIAMI BEAGM. ?LORI~A 3~162 t ~_'t~ -~~"~-~.~~r . _ ~ _ . _ :::Y~`,~~~~ y..