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98-037 Ordinance
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98-037 Ordinance
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1/16/2014 12:01:47 PM
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1/16/2014 5:07:40 AM
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North Olmsted Legislation
Legislation Number
98-037
Legislation Date
6/16/1998
Year
1998
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<br />does hereby waive all rights of recovery and causes of action against Lessor and all parties <br />claiming through or under Lessor for any insurable damage or destruction to the buildings and <br />improvements on the demised real estate or personal property of Lessee located on or about the <br />demised real estate, howsoever caused. Said waivers shall apply notwithstanding that any such <br />damage or destruction may be due to the negligence of either party, or the agents or employees of <br />? <br />either party, and for which either party may be reimbursed as a result of insurance coverage <br />affecting any loss suffered by either party. Lessor and Lessee agree that any such insurance <br />policies shall include standard waiver of subrogation clauses therein. <br />10) Lessee to Give Insurance Notices. It shall be the duty of said Lessee to give all <br />notices of loss and make all proofs of loss and render all of such services of every kind as may be <br />necessary and proper in the collection of any and all insurance monies. If said Lessee shall fail t <br />give such notices or make such proofs of loss or render such service then said Lessor may do so. <br />11) Insurance Polices to Remain With Lessee. Said policy or policies of insurance <br />shall remain in the possession of said Lessee, but upon demand said Lessee shall l furnish said <br />Lessor from time to time with satisfactory proof that the amount and type of insurance hereby <br />required is actually being carried by said Lessee upon said premises. <br />12) Mortga,gee Entitled to use Insurance Proceeds. Any mortgage of the leasehold <br />interest created hereby shall require the mortgagee to make the proceeds available to the Lessee <br />for reconstruction, and should Lessee fail promptly to repair, restore or rebuild the building or <br />buildings upon said real estate as required in Paragraph 15. below, and Lessor does not undertake <br />to do so, such repairing, restoring or rebuilding may be undertaken by any mortgagee or <br />mortgagees appearing as such upon the mortgage records in the office of the Recorder of the <br />county wherein the demised real estate is located, who shall have notified said Lessor in writing of <br />their mortgage or mortgages. In such event, said mortgagee or mortgagees shall be entitled to <br />use for those purposes any insurance monies which may be available for such uses to the same <br />extent and in the same manner as the Lessee might have done. <br />13) Delav in building on Account of Strikes_ Etc. If said Lessee should proceed in <br />good faith and with reasonable diligence with the repair, restoration or rebuilding of any building <br />or buildings upon said real estate, under any of the provisions of this lease permitting or requiring <br />such steps, and should be delayed in the progress thereof on account of any strike, act of God, or <br />...
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