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HomeMy WebLinkAbout1474 :tic • _ r, • - ~ ~ • ~ r . . ~ . { . i ,i~ ~ , , ~ . t, . ~ ~ RG11224 I~~~t 18~~ ~ Ya~raph x4, 7.~ 36 , continnance of the inability then claimed which shall inclnde a reason- ~ _ able time for the removal of the effeet thereof, but for no longer period. • The term "force majenre", as ewplo3 ed hetein, shall menn acts of (iod, ~ atrikes, lockonts or other indnstrial distnrbances, acts of the pnblic enemy, orders of any kind of the Qorernment of the IInited States, or of any State thereof, or any civil or militnry anthority, insnrrections, riots, epidemica, landslides, lightning, earthqnakes, fires, Lurricanes, ~ ~ tornados, atorms, 8oods, washouts, droughts, arrests, restraining of government and people, civil disturbanceG, esplosionQ, l~rea~cage or accidenta to macLinery, transmissiou pipes or canals, partial or entire ~ failnre of ntilities, shortages of labor, material, anpplies or tranaporta- . tion, or any other canse not reasonably witbin the control of the party ; cla'vming snch inability. It is nnderstood and agreed that the settlement of ezisting or impending strikes, lockonts or other indnstrial distnrb- ances shall be entirelp within the diseretion of the party having the ' di~cnlty and that the above reqnirements that any force majenre shall ~ ~ be reasonably beyond fhe eontrol of the party shall be deemed to be ~ fu1611ed even thongh snch existing or impending strikes, lockonts or _ ~ other indnstrial distnrbances may not be settled bnt conld have been ~ settled by aceeding to the demand of tbe oppocing person or persons. ~ sII~~ - (a) General Prot,•isions. $nbject to the provisions of Paragraphs ~ ~ 25(c) and (e) below, the Company with the written consent of Con- _ ' tinental filed with Properties and the Trnstee may assign or transfer this Lease and any or all of its rights herennder inclnding its optional ~ right to pnrchase any or all of the Leased Parcels, and may sublet tLe ~ whole or any part of any or all of the Leased Purcels, withont the con- ~ sent of Prnpertiea or the Trnatee; provided, however, that in each case, . ~ ezcept as otherwiae provided in this Paragraph 25(a), the Company ~ shall neverthelesa remain primarily liable to Properties for the payment ~ of all renta herennder to be paid by it and for the fnll observanee and • ~ performance of all oi the covenants and conditions berennder to be ~ observed and performed by it; and provided, fnrther, that (i) the Com- ~ pany may not mortgage or other~vise create any security interest in , ~ the Leased Premisea, (ii) no snch assignment or transfer of this ~ ; ~ Lease may be made ezcept to Continental or an s~liated or enbsidi- . ~ ~ ~ ~ ~ ; ~j } { iJE~U k~LU~iU~ . ~ ~ ~~3i~. ~~~4 './!11 ¦ ^~rr/[.K~1