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1997 007 Ordinance
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1997 007 Ordinance
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Last modified
11/19/2018 4:04:38 PM
Creation date
9/4/2018 8:46:54 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
007
Date
2/17/1997
Year
1997
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Option and Tower Lease Agreement <br />Page lvo. 5 <br />Landlord represents, warrants and agrees that it has in the past and will in the future conduct <br />its activities on the Property in compliance with all applicable Environmental Laws and that <br />the Property is free of Hazardous Substances (as defined in Exhibit C) as of the date of this <br />Lease. <br />14. Landlord agrees to defend, indemnify and hold Tenant harmless from and against any and all <br />claims, causes of action, demands, and liability including but not limited to, damages, costs, <br />expenses, assessments, penalties, fines, losses, judgments and attorney's fees that Tenant may <br />suffer due to the existence or discovery of any Hazardous Substance on the Property or the <br />migration of any Hazardous Substance to other properties or released into the environment, <br />that relate to or arise from Landlord's activities during this Lease and from all activities on <br />the Property prior to the commencement of this Lease. <br />15. Landlord covenants and warrants to Tenant that (i) Landlord has full right, power, and <br />authority to execute this Lease; (ii) Landlord has good and unencumbered title to the <br />Property free and clear of any liens or mortgages except those disclosed to Tenant and set <br />forth in Exhibit D attached hereto and which will not interfere with Tenant's rights to or use <br />of the Premises; (iii) execution and performance of this Lease will not violate any laws, <br />ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on <br />Landlord. Landlord further covenants and warrants that Tenant shall have the quiet <br />enjoyment of the Premises during the term of this Lease or any renewal thereof. Landlord <br />represents and warrants that it is a municipal corporation authorized pursuant to the <br />Constitution of the State of Ohio and that the person(s) executing this Lease on Landlord's <br />behalf is/are duly authorized and has the full right, title, and authority to execute and deliver <br />this Lease on behalf of the Landlord, and that this Lease is binding upon Landlord in <br />accordance with its terms. <br />Tenant has the right to obtain a title report or commitment for a leasehold title policy from a <br />title insurance company of its choice and at its expense. If, in the opinion of Tenant, such <br />title report shows any defects of title or any liens or encumbrances which may adversely <br />affect Tenant's use of the Premises or Tenant's ability to obtain leasehold financing, Tenant <br />shall have the right to terminate this Lease upon written notice to Landlord. <br />Tenant shall also have the right to have the Property surveyed, at Tenant's expense and, in <br />the event that any defects are shown by the survey which, in the opinion of Tenant, may <br />adversely affect Tenant's use of the Premises or Tenant's ability to obtain leasehold <br />financing, Tenant shall have the right to terminate this Lease upon written notice to Landlord. <br />16. Tenant may with Landlord's prior approval which approval shall not be unreasonably <br />withheld or delayed, assign this Lease and its other rights hereunder, including without <br />limitation, its right to renew, or sublet the Premises or any portion thereof, to any person or <br />5 <br />
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