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2007 019 Resolution
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2007 019 Resolution
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Last modified
11/19/2018 4:03:07 PM
Creation date
8/29/2018 4:45:07 AM
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Legislation-Meeting Minutes
Document Type
Resolution
Number
019
Date
12/17/2007
Year
2007
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the Village may have under this Agreement or at law or in equity, the Village shall have the <br />option of discharging or bonding any such lien, charge, order or encumbrance by payment or <br />otherwise, and Heinen's agrees to reimburse the Village on demand for all costs, expenses and <br />other sums of money incurred by the Village in connection therewith, together with interest at <br />ten percent (10%) per annum. The obligations of Heinen's pursuant to this Paragraph 10 shall <br />survive the termination or expiration of this Lease. <br />10. Estoppel Certificates. Within ten days following receipt of written request <br />therefor, either Owner shall deliver to the other Owner, or to any prospective purchaser, ground <br />lessee, mortgagee or prospective mortgagee of such requesting Owner, an estoppel certificate <br />stating as of the date of such certificate whether: (a) such Owner has knowledge of any default <br />under this Agreement (and if there any defaults, specifying the nature thereof and the date <br />thereof); (b) such Owner has knowledge of any assignment, modification or amendment in any <br />way of this Agreement (and if it has, then stating the nature thereof and the date thereof); and <br />(c) this Agreement is in full force and effect. <br />11. Notices. Any notice required or permitted to be given to Heinen's hereunder <br />shall be sufficiently given if in writing, addressed to Heinen's, and personally delivered or mailed <br />postage paid by certified mail, return receipt requested, to such address as Heinen's may from <br />time to time designate in writing, or in the absence of designation, to the address set forth above. <br />Any notice required or permitted to be given to the Village hereunder shall be sufficiently given <br />if in writing, addressed to the Village, and personally delivered or mailed postage paid by <br />certified mail, return receipt requested, to such address as the Village may from time to time <br />designate in writing, or in the absence of designation, to the address set forth above. <br />12. Miscellaneous. <br />(a) Each Owner is to conduct and operate its business in and upon its Parcel <br />independently and nothing herein contained shall be construed as a partnership agreement or as <br />to constitute Owners as partners with respect to the conduct and operation of Parcels or to <br />establish a principal and agent relationship between Owners or to constitute or be a joint venture. <br />(b) As used herein, the term Heinen's shall refer to Heinen's and its successors <br />and assigns, including specifically, any transferee of any part of Supermarket Parcel who shall <br />automatically, by acceptance of the title of such parcel or portion thereof, be deemed (i) to be a <br />successor to Heinen's, (ii) to have assumed all obligations hereof relating thereto and thereafter <br />accruing, and (iii) to have agreed to execute any and all instruments and to do any and all things <br />reasonably required to carry out the intention of the provisions hereof; but (x) nothing herein <br />contained shall be deemed to relieve the transferor of Supermarket Parcel from its obligations <br />under this Agreement that shall have accrued prior to such transfer and (y) the transfer of the <br />rights of Heinen's contained herein shall be effective only in the event that the transferee has not <br />changed the principal use provided in Paragraph 2(b). Each transferee of Supermarket Parcel or <br />any part thereof shall be deemed to have assumed the obligations accruing after such transfer <br />imposed on such transferor and such transferor shall upon the completion of such transfer be
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