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ARTICLE XIV
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<br />MISCELLANEOUS
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<br /> Section 14.1. Surrender of Leased Premises. Upon the expiration of the Lease
<br />Term or the termination of this Lease, the Lessee covenants and agrees to surrender the Leased
<br />Premises to the City peaceably and promptly, together with all appurtenances thereto and all
<br />assets and obligations of the Lessee including movable equipment, furnishings and other personal
<br />property in or on the Leased Premises, in as good condition as prevailed at the time the Lessee
<br />was put in full possession thereof; provided that, there is excepted from the foregoing covenants,
<br />agreements and obligations, any loss by fire or other casualty covered by insurance, ordinary
<br />wear and tear, obsolescence, removals and replacements in accordance herewith, and acts of God
<br />and provided further that the foregoing covenants, agreements and obligations are subject to the
<br />rights of reinstatement pursuant to Section 13.8 hereof. Concurrently with that surrender the
<br />Lessee will execute and deliver to the City such quit claim deeds, bills of sales and other
<br />instruments as will convey or transfer to the City the interests of the Lessee in the Leased
<br />Premises.
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<br /> Section 14.2. Notices... All notices, certificates, requests or other communications
<br />hereunder shall be given sufficiently and shall be deemed to have been given when mailed by
<br />registered or certified mail, postage prepaid, addressed to the appropriate Notice Address. A
<br />d~licate copy of each notici, certificate, request or other communication given hereunder to
<br />the City, the Lessee or a Trustee shall also be given to the others and to the Member. The
<br />Lessee, the City., the Member and a Trustee, by notice given hereunder, may designate any
<br />further or different addresses to which subsequent notices, certificates, requests or other
<br />communications shall be sent.
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<br /> Section 14.3. Net Lease. This Lease shall be deemed and construed to be a "net
<br />lease". The Lessee shall pay absolutely net, during the Lease Term, the Basic Rent, Additional
<br />Payments and all other amounts payable under this Lease, free of any deductions, and without
<br />abatement or set-off, other than those for which provision is made expressly therein.
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<br /> Section 14.4. Extent of Provisions Re~arding City; Observance and Performance
<br /> of Provisions,. The City retains such rights and interests as will permit the City to perform its
<br /> obligations under the Indentures. Each duty of the City and of its officers and employees
<br /> undertaken under the Indentures and the Bonds is a duty enjoined specifically by law pursuant
<br /> to Section 140.060), Ohio Revised Code, upon the City and each of those officers and
<br /> employees having authority thereunder or by provision of law to perform that duty, resulting
<br /> from an office, trust or station, within the meaning of Section 2731.01, Ohio Revised Code,
<br /> providing for enforcement by writ of mandamus.
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<br /> All representations, warranties, covenants, agreements and obligations of the City
<br /> under this Lease shall be effective to the extent authorized and permitted by applicable law.
<br /> None of those representations, warranties, covenants, agreements or obligations shall be deemed
<br /> to be a representation, warranty, covenant, agreement or obligation of any present or future
<br /> member, officer, agent or employee of the City in other than his or her official capacity.
<br /> Neither the members of the Council nor any official executing this Lease or the Bonds shall be
<br /> liable personally on the Bonds or be subject to any personal liability or accountability by reason
<br /> of the issuance thereof or by reason of the representations, warranties, covenants, agreements
<br /> or obligations of the City under the Indenture or the Bonds.
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<br /> Section 14..5. Bindin~ Effect. This Lease shall inure to the benefit of and shall
<br /> be binding upon the City, the Lessee and their respective permitted successors and assigns,
<br /> subject, however, to the specific provisions hereof.
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