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Home My WebLink About0852 t~,'~~~i~ ihs eveat the demi 1 premises shall be damaged or, ~tly or totslly deatroyed by ii, ' b~w or th~ eleaents, and such da~saqe or psrtial or tot! lestruction shell caus~ Lease• : a°` to discontinw business thsrein, ths rentals provided ior herein shall not abat~ lsa~ - the dat~ ot ~uch closing until the pre~ise• are egain ready fos occupnncy. Ia soch sv~ni _ Le~se• ahall havs th~ option o! te~inating thia leasa os sebuilding br repairi~q saia presises as soon ~s is reasonably practical witer said destructiono provided, hoMever, ` that durin9 the first fitteen ~15) years ot ths tera~ of this lease, Leasee shall b~ obligated to sebuild or repair said preaises. R*~ No cxtcn~ion or renewal of ~hi~ leasc Mill bt Linding on ciiher panr unlesi it be jn writing and ~igned ' by the I.rssoR and the Lcsscs. ~~g~v,~ ~ No waive~ ot a b~reach ot anr o[ th~ covenanu ot this lease sl~all be rnnstrued to be a waiver o[ snr •ucceedina brcach ot the saine or anr oche~ coYenan~ ~0• ~~d All covena~ts. conditions~ agrccrnenu and unde~takings contained in thit Iease shall extend to and be bindiaa on the rapecti~Y htin. executw~, administraton, tuctcuon and assigns oE the raptctive ~utia hercto the came a: it they we~e in everyr case namcd and expressed. The terms •'LESSOa" and 'I.cssEE" whercver uscd l~erein thall be construcd to mcan LESSO~ts snd L~sscFS in all uscs where thue is more than one LFSSOR or LessEt, and tl~c nacssary grammatical changa requircd to make the pro- visions hcreoi spplr eithcr to corporations or i~dividuals. mcn or womcn, shall ia all cuet be auumed a: though in each use tullr express~cl. - ~~tOr°°~ Lt~~ agrees to pay all eosu ot collection, including reasonable attorney fep, it atl or anY put oE F°°~ the nnt rescrved hcrcin is rnllccted atter maturity ~vith tf~e aid oE an atcorney: also to pay rcasonable atcorne~r iees~in the event ic becoma necessary tor the l.t~ssoa to cm~loy an attorney to torce the LESSt-~ to comply with any of the eo~enants, obliga~ions, or conditions ot th~s lease. , a~ Pattia l~ereto agret that in the event 1.F.swR is not able to deliva poiscssion of within leascd premisa as hereinpro~idcd. the rent shall abatc pro tanto until posscssion is delivercd. and such re~t abateme~t shall be the agreed liquidatcd damaga for [ailurc to make delivery. and I.fssoa ihall with reasonablt dispatch take such legal :teps as ue deemed ~rccessary to obtain posseuion. ts. Nottoa~ AU notices rcc~uired to be given (rom LessoR to L~.ssEE shall be by registered mail. address~d to the I.FSS~ at the dem~sedpr emises and notices to the I.rssoR :halt be br reg~stered maii addressed to such . place s~s nnt ~ requircd to be paid harunda. ~ ' st. Wat~r. (ir Lessee shall pay all liqht, gas, water, sewerage, electricity and other utility bills incurred ia the operation of said premises, all costs ot maintaininq, operating and repairinq the parkinq~area Within the demised premisea, incluaing repair ot aspha2t pavinq, all costs of maintet~ance and repair of the buildinq, and premiums on policies _ of_insurance to pzotect_Lesaor_and_Lessee_aa hereinatter~rovided. 35. C`01~1STR[1CTION Notwithstandinq any of the provisions hereinabove to the contrary, the - AND MORTC,~GE Lessee i~ authoriaed to procure a constrnction sortgage loan to be secured SUBORDINATION by the demised pre~eisea from an institutional lender and Lessor agrees to subordinate its tee.title and landlord lien to the lien and operation of such construction mortgage, provided however, that all proceeds, less loan _ costs, shall be devoted to the improveaient of the demise8 premises as contemplated by this lease and Lessor shall have no pezsonal liability for the payment of such mortgaqe indebtedness. Fu ~rea~~es.-~-s-e ! • G ~ ; ~ 36. REPAIR 1V Zt~e Lessee shall maintain.~replace and keep in qood repair the demised PREMISES premises at its own expense, including plate glass, and shall upon the ~ expiration of the initial tens of this lease, or any extension thereof, deliver up the premises in as qood condition ar?d repair as received, ~ reasonable vear and tear excepted. 37. INDF.l~IIFICATION Lessee aqrees to indemnify and save the Lessor ha~rmless against and FRDM CI.7hIHS trom any and all claims, damages, costs and expenses, including _ attorney's fees arisinq froa the conduct or management of the business conducted by the Lessee on the demised premises. . 38. LIABILITY AtdD Lessee agrees to carry and pay the premiuma for public liability FIRE INSURANCE insurance, insuzfng Lessee and Lessor aqainst injury to property, person or loss of life arisiag out o! the use and occupancy of the deenised ~ premises, with limita of at least Ten Zt?oueand Dollars (510,000.00) property damage, 4wo Hundred ~ousand Dollara (5200,000.00) for one ~ person, and live-Hundred Thousand Dollara (SSOO,OOO.OOZ for any number ~ of persons injured or killed in any one accident, and the Lessee's ~ insuranc~ carrier shall be directed to deliver to the Lessor, yearly~, ~ a certificate of insurance ahowing that said policy is in full force and effect and that the presiums therefor have been paid. Lessee shall ~ also pay the premiwns on tire and extended eoverage insurance in such ~ amounts as are usual and customary on a buildinq and business of the kind herein involved, but not leas that eiqhty per cent (80~) of the ~ ~ insurable value of aaid buildinq.- A certiticate of insurance frao said . insurance carriez shall be delivered, yearly, to the Lessor shovinq that said insurance is in full force anA etfect and that the preaiums ~ theretor have been psid. ~ ~ - The public liability insurance requizenient~ described herein ahall be , periodically reviewed by ths parties and in the event that the lia?its ; ~ gpPK~ rAr,c 85~ o! exposure have changea subetantially beceuse ot inflation or deilation, ` the r~quired in9ur~nce cov~rages d~sr.rib~d her~in shall he, t.•5~ a,r~~r - ~~t, ~ - _ _ yz~:.~~~ 5 : ' ~ ~ ~ _ . ~ x vi_.~ ~ y . . ~ ~ . ~ <t_ .