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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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North Olmsted Legislation
Legislation Number
98-037
Legislation Date
6/16/1998
Year
1998
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?`. <br />, ;..?.. <br />-K <br />actions of a public enemy, whereby Lessee shall be unable to procure the necessary buildings <br />materials or labor, the Lessee shall not be deemed in default by reason thereof. During such <br />delays, however, said Lessee shaJl in no way be relieved of liability for rent and upon other <br />covenants. <br />14) Condemnatinn. In case of a taking of all or any part of the demised real estate, or <br />the commencement of any proceedings or negotiations which might result in such taking, Lessee <br />will promptly give written notice thereof to Lessor and any mortgagees of said property, generally <br />describing the nature and extent of such taking or the nature of such proceedings and <br />negotiations, and the nature and extent of the taking which might result therefrom, as the case <br />may be. Lessor and Lessee may each file and prosecute their respective claims for an award, <br />subject to the terms of this lease. <br />In case of a taking (other than for temporary use) of the fee of the entire demised real <br />estate, this lease shall terminate as of the date of such taking. In case of a taking (other than for <br />temporary use) of (a) such perpetual easement on the entire property, or (b) such a substantial <br />part of the property as shall result, in the good faith judgment of Lessee, in the property remaining <br />after such taking (even if restoration were made) being unsuitable for the use contemplated in this <br />lease, Lessee may, at Lessee's option, terminate this lease by written notice to Lessor given within <br />ten (10) days after such taking, as of a date specified in such notice within thirty (30) days after <br />such taking. Any taking of the property of the character referred to in this paragraph is refened <br />to as a "total taking." <br />In case of a taking of the property other than a total taking, (a) this lease shall remain in <br />full force and effect as to the portion of the property remaining immediately after such taking, <br />with a just and equitable abatement or reduction of basic rent, or any other sum payable <br />hereunder, and (b) Lessee, whether or not the. awards or payments, if any, on account of such <br />taking shall be sufficient for the purpose, at Lessee's expense, will promptly commence and <br />complete, subject to unavoidable delays, r.estoration of ihe property as nearly as possible to its <br />value, condition and character immediately prior to such taking, except for any reduction in area <br />caused thereby, provided that, in case of a taking for temporary use, Lessee shall not be required <br />to effect restoration until such taking is terminated. <br />Awards and other payments on account of a taking shall be applied as foUows: <br />6 <br />
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