51-96 Lakewood Hosp Lease - Laserfiche WebLink

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Section 14.6. Amendments, Chan~es and Modifications. Except as provided otherwise in this Lease, this Lease may be amended, changed, modified, altered or deleted by the Lessee and the City without the consent of or notice to the Trustees or any other person provided that any such amandment, change, modi'ficat-iOn, alteration or deletion shall be autlaonzed by ordinance passed by at least a two-thirds affirmative vote of tl~e Council. ' Any amendment pursuant to this Section must comply with ~ections 8.01 and 8.02.1 of the Senior Indenture. Section 14.7. Execution Counterparts. This Lease may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same lease. Section 14.8. Severability.. In case any section or provision of this Lease, or any covenant, agreement, obligation or action, or part thereof, made, assumed, entered into or taken, or any application thereof, is held to be illegal or invalid for any reason, (a) that illegality or invalidity shall not affect the remainder hereof or thereof, any other section or provision hereof, or any other covenant, agreement, obligation or action, or part thereof, made, assumed, entered into or taken, all of which shall be construed and enforced as if the illegal or invalid portion were not contained herein or therein, (b) the illegality or invalidity of any application hereof or thereof shall not affect any legal and valid application hereof or thereof, and (c) each section, provision, covenant, agreement, obligation or action, or part thereof, shall be deemed to be effective, operative, made, assumed, entered into or taken in the manner and to the full extent permitted by law. Section 14.9. Captions. The captions and headings in this Lease are for convenience only and in no way define, limit or describe the scope o.r intent of any provisions or sections of this Lease. Section 14.10. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State. Section 14.1I. Survival of Representations and Warranties. All representations and warranties of the Lessee and the City herein shall survive the execution and delivery of this Lease. Section 14.12. Action by the Lessee. The City agrees that (i) the Lessee or the Member may take on behalf of the City any action under the Indentures required of or by City thereunder in order to comply with the Indentures or avoid a default or an event of default thereunder and (ii) the Member may perform any act, obligation or responsibility of the Lessee under this Lease and such performance shall be deemed to be performance by the Lessee. Section 14.13. Relative Position of this Lease and the Indenture. The rights and options granted to .the Lessee in this Lease are subject to the rights and remedies granted by the Indentures to the Trustees on behalf of the Bondholders and, so long as Bonds are outstanding within the meaning of the Indentures, to the extent that the covenants and agreements made by City in the Indentures with respect to the construction, operation and maintenance of the Leased Premises and the security of the Bondholders and applicable to the operation of the Leased Premises are greater than the covenants and agreements made by Lessee in this Lease, the provisions of the Indentures shall control and the Lessee agrees to be bound thereby. -51 -