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0.w 'V.+ .:.,+ <br />L ~ <br />- ` - <br />by reference made a part hereof, provided CRC shall be relieved of such <br />obligation if such structural and mechanical improvements are used for other <br />than their intended purpose, to wit, the operation of an outdoor municipal <br />swimming pool facility during the outdoor swimming season customary in the <br />Greater Cleveland area. <br />(d) CRC shall not be deemed to be in default under the covenant <br />in paragraph (b) if the construction and development of the Project shall be <br />delayed by its inability to secure needed labor or materials, or by stormy or <br />inclement weather which delays construction, or by strikes, labor disputes, <br />lockouts or like trouble among the mechanics or laborers which delay construc- <br />tion of the Project, or by acts of God, or by acts or neglect of the City, its <br />officers, agents, or employees, or by regulations or restrictions imposed by <br />any governmental agency or authority, or by fire or other similar catastrophe, <br />or other delay beyond CRC's control. <br />(e) The Project and the Premises, upon completion of the Pro- <br />ject, shall be free and clear of all liens and encumbrances of every kind and. <br />character whatsoever which may arise in connection with the work of any char- <br />acter performed in the construction and development of the Project, including <br />mechanics', laborers' and materialmen's liens and other liens of a similar <br />nature. <br />Section ~+. Utilities and Services. The City at its sole cost and <br />expense shall provide a.t the perimeter of the Premises, and at the locations <br />thereon as shown in the plans and specifications, all utility lines and ser- <br />vices required in the operation of the Project, including sanitary and. storm <br />sewers, water mains, gas lines, telephone service and electric service. The <br />City shall pay all charges for heat, water, sewer, gas and electric current <br />and other public utility or service charges which may be assessed or charged <br />against the Premises, the occupant thereof, or against CRC on account of the <br />Premises, during the term of this Lease, but only from and after the time when <br />the City has accepted the Project as provided in Section 1 hereof, and s}ittll <br />protect CRC and save it; harn~l.ess against any liability or damage on such account. <br />