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82-013 Ordinance
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82-013 Ordinance
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1/22/2019 11:58:11 AM
Creation date
12/26/2013 9:15:56 AM
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North Olmsted Legislation
Legislation Number
82-013
Legislation Date
2/9/1982
Year
1982
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? <br />.?..?...?..? ? , _ .. . .._ .. . a,? ..,.?.,.? . . <br />. <br />t 4.... ?. m?.?,.? <br />. ? , . ..,...., k <br />for such takinK, except damages xwarde(l for trade fixlures xnd/or furniture of Tenant, shall belong to and be the <br />propert,y of Landlord whether such damaqes Shall be awarded as compensation for diminution in value to the <br />leasehuld ur lo i ht- feeuf the pr4•niities liorein leased ur for irnprovenen(s tu thedemised premises madeby Tenant. <br />In lheevo-ni lhat ncil.hcv li:ul? givesnuLii•eloLheulhivrnfcancellalionas hereinaboveinthisparaqraphprovided, <br />lhis Lease shall conlinm, in full force and effect xs tu Lhat portion of the premises not so taken under the same <br />terms and cnnditiuns hervin cuntaincd and Landlord shall promplly Eierfurm all work and furnish al) materials <br />necessary ti) resture and create as a whole architectural unit thaLportion of the buildinRand improvements(and <br />of the machincry an(i equipment which are an intE:Rral part thereof)on thatpartof the demised premises notso <br />taken. The rent specified in I'xrxRraph 1 shall be reduced as of lhedxtt, of possession under the condemnatiun or <br />takinq to an aniuunt determined by multiplyingsaid rent by a fraction the numerator of which isthevalueof the <br />premises imnuediacely aftor tiuch condemnation ur lakinu and denuniinator of which is the value immediately <br />before such cundemnation ur taking. Said rent, as reduced, shall be increased as of the date restoration is <br />completed to an amount which bears the same proportion to said rent, as reduced, as the value of the premises <br />immediately xf<<v completion of restoration bears to the value immedietely aftersuch cundemnation or taking. <br />Chanqes i nval ue ix•c•u rri ngd uri ng the pericx! of restoration nol related to such restorat ion shall be d isregarded in <br />computing tiaiil increase. Said rent, as increased, shall notexceed the rent setoutin Paragraph 1. Improvements <br />added by Tenant thal are condemned or taken shall not be restored by Landlord. <br />DAMAGE OR 17. If and whenever during the term of this Lease, the building or buildings erected on thedemised premises <br />DESTRUCTION <br />TO BUILDINGS shall be destruyed ur damaRed by fire or explosion or perils actually insured against by Landlord's fire and <br />extended coveray,•e insurance policieti then and in every such event: <br />(a) lf the damage or destruction is such that in the opinion of Landlord, to be given to Tenant not later <br />than thirtY (30) days after notice to I.andlord by Tenantof the happeninKof suchdamage ordestruction, itcannot <br />be repaired with reasonable diligence within one hundred and eighty (180) days from the date of such opinion, <br />then either I.andlorc] or Tenant may, within ten (10) days next succeeding the giving of Landlord's opinion as <br />aforesaid, terminate this Lease by giving to the other notice in writing of such termination, in which event this <br />Lease and the term hereby dem ised shal I thereupon cease and be at an end and the rent and all other psyments for <br />which Tenant iti Iiable under the terms of this Lease shall be apportioned and paid in full to the date of such <br />destruction or (ldmage. In the event that neither Landlord nor Tenant so terminste this Lease, then Landlord <br />shall repai r thesaid bui Id i nq or build inKs with all reasonable speed and the rent hereby reserved shall abate from <br />the date of the happeninK of the damage until the damage shall be made good to the extent of enabling Tenant to <br />use and occupy the demised premises. <br />(b) If the ilamaQe or destraction is such that in the opinion of I.andlord, to be Qiven to Tenant not later <br />than thirty (:in) (lays after notice to Landlord by Tenant of the happening of such damage or destruction, itean be <br />repaired wit h rexsonable diligencewithin one hundred and eiRhty (180) days from the date of such opinion, then <br />the rcnt hereliy' reserved shxll abate from the date of the happeninR uf such damaqe until the damage shall be <br />md(ie fi(x)(i to the extent uf enahling 'fentuit tnuseand occupy thedemised premisesand Lxndlord shall repair the
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