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81-002 Ordinance
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81-002 Ordinance
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1/11/2014 11:45:49 AM
Creation date
12/12/2013 11:30:41 AM
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North Olmsted Legislation
Legislation Number
81-002
Legislation Date
3/17/1981
Year
1981
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? ?. <br />In case of a taking of the property other than a total <br />taking, (a) this lease shall remain in full force and effect <br />as to the portion of the property remaining immediately <br />after such taking, with a just and equitable abatement or <br />reduction of basic rent, or any other sum payable hereunder, <br />and (b) Lessee, whether or not the awards or payments, if <br />any, on account of such taking shall be sufficient for the <br />purpose, at Lessee's expense, will promptly commence and <br />complete, subject to unavoidable delays, restoration of the <br />property as nearly as possible to its value, condition and <br />character immediately prior to such taking, except for any <br />reduction in area caused thereby, provided that, in case of <br />a taking for temporary use, Lessee shall not be required to <br />effect restoration until such taking is terminated. <br />Awards and other payments on account of a taking shall <br />be applied as f ollows: <br />A. Net awards and payments received on <br />account of a taking other than a taking for <br />temporary use or a total taking shall (subject to <br />the rights of Lessee's mortgagee, to participate in <br />the mortgagor's award) be held and applied to pay <br />the cost of restoration of the property, such <br />application to be made substantially as provided in <br />this lease with respect to insurance proceeds. <br />Thereafter, the remainder of the net award, if any, <br />shall be applied as set f orth in subparagraph B. <br />below. <br />B. Net awards and payments received on <br />account of a..total taking shall be divided between <br />Lessor and Lessee (subject to the rights of <br />, Lessee's mortgagee, to participate in mortgagor's <br />; <br />• ? - 11 -
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