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2001-049 Ordinance
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2001-049 Ordinance
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1/16/2014 10:57:23 AM
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1/15/2014 11:10:16 AM
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North Olmsted Legislation
Legislation Number
2001-049
Legislation Date
3/21/2001
Year
2001
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(c) the institution by Lessee of any proceeding in bankruptcy or the institution of <br />bankruptcy proceedings against Lessee by any creditor or creditors; <br />'(d) the appointment of a receiver or trustee for any property of Lessee; <br />(e) abandonment of the leased premises by Lessee. <br />Item Nine. Lessor's Remedies upon Default. In the event of a default by Lessee, as set <br />forth above, Lessor shall be entitled, in addition to any other remedy available to it at law or in <br />equity, to avoid and terminate this Lease, reenter into possession of the leased premises. Lessee <br />hereby expressly waives service of notice of such intention to reenter, or the institution of legal <br />proceedings to that end. If Lessor brings any action to exercise any of its remedies under this <br />paragraph, and prevails in court, Lessee shall be required to pay all of Lessor's attorney fees and <br />litigation expenses. <br />Item Ten. Damage bv Fire or other Casualty. If the leased premises are damaged by fire <br />or other casualty, which renders the Property untenantable, this Lease shall immediately terminate <br />and Lessee shall surrender possession of the Property to Lessor. If the casualty does not render <br />the premises untenantable, then Lessee shall promptly make all repairs to the Property required <br />by the casualty, or, at its option, may terminate the Lease, and surrender possession to Lessor, <br />upon thirty (30) days advance written notice to Lessor. Lessee is hereby authorized to negotiate <br />with the insurance carrier the ainount of insurance proceeds to be paid by reason of the casualty <br />and is entitled to receive and retain the monies paid by reason thereof. Provided, however, that <br />if as a result of said casualty loss the buildings or building or any portion thereof that are required <br />to be razed shall be paid out of the insurance proceeds as provided for herein. <br />Item Eleven. Right of Entrv. Lessor, or any person authorized by them with the prior <br />specific consent of Lessee obtained at least twenty-four (24) hours in advance, shall have the right <br />to enter the leased premises during reasonable times to inspect, to make repairs, decorations, or <br />alterations, and to enforce this Lease, and, after termination, to show the leased premises to <br />prospective lessees; provided, however, that Lessee's consent shall not be necessary in case of <br />emergency. Lessee shall not unreasonable withhold consent for Lessor to enter the leased <br />premises. Moreover, Lessor, or its agents, may, at any reasonable time during the term of this <br />Lease, or during any subsequent month-to-month tenancy, enter upon the Property for the <br />purposes of conducting any surveys or appraisals, performing any tests (including environmental <br />assessments), making any observations of the condition of the Property, or performing such other <br />tasks which may be required by Lessor in connection with the Lessor's intent to develop the <br />property as part of the site of the future new North Olmsted branch library. <br />Item Twelve. Salvage Rights. Lessor agrees that Lessee shall have exclusive salvage <br />rights to the buildings on the property, together with all taTigible personal property and fixtures <br />located within any building on the property. Said salvage rights of Lessee must be exercised, if <br />at all, and all salvaged property must be removed from the premises, at Lessee's sole expense, at <br />3
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