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HomeMy WebLinkAbout0766 XXIII LESSEE'S RIGHT OF OFFSET In the event claims or liens are made against the leased premises, improvements thereon, or business operations occurring therefrom, which arose or accrued prior to November 1, 1979, which are paid by~Lessee and which are not repaid to Lessee by the prior Lessee, Bear's Nest, then Lessee may deduct the amount of such claim or lien paid by Lessee from the next rental payment due to Lessor under this Lease Agreement. XXIV MISCELLANEOUS ~ S A. By separate agreement, Lessee, Lessor and Bear's Nest have entered into an Agreement for the sale and purchase of the motel situated on the Leased Premises, now known as Ramada Inn Oceanside, pursuant to which each party has made certain representations, warranties, covenants and promises which survive the closing thereof. In the event Bear's Nest or Lessor breach any such representations, warranties, covenants or promises, and such breach is not cured within thirty (30) days of receipt of written notice thereof from Lessee, then Lessee may terminate this lease agreement upon an additional thirty (30) -days written notice to Lessor. i In the event Lessee breaches any such representation, warranty, covenant or promise made under said Agreement to Lessor or Bear s Nest, and such breach is not cured within thirty (30) days of receipt of written notice thereof from ` Bear's Nest or Lessor, then Lessor may terminate this lease agreement upon an additional thirty (30) days written notice to Lessee. In the event of such termination by either -party hereto, this lease agreement shall become null, void and of no further legal effect, and each party shall be released _ from further liability hereunder, provided, however, that ~ such release shall not be deemed to be a release from prior . obligations hereunder or from damages resulting from such a breach. BOA JJ1 PACE ~6 -13-