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03
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2009
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072109
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03
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7/14/2009 2:27:48 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
7/21/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
03
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disrupt LESSEE's operations at the Premises for more than forty -five (45) days, then LESSEE <br /> may, at any time following such fire or other casualty, provided LESSOR has not completed the <br /> restoration required to permit LESSEE to resume its operation at the Premises, terminate this <br /> Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of <br /> termination shall cause this Agreement to expire with the same force and effect as though the <br /> date set forth in such notice were the date originally set as the expiration date of this Agreement <br /> and the Parties shall make an appropriate adjustment, as of such termination date, with respect to <br /> payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall <br /> abate during the period of repair following such fire or other casualty in proportion to the degree <br /> to which LESSEE's use of the Premises is impaired. <br /> 30. CONDEMNATION. In the event of any condemnation of all or any portion of the <br /> Property, this Agreement shall terminate as to the part so taken as of the date the condemning <br /> authority takes title or possession, whichever occurs first. If as a result of a partial condemnation <br /> of the Premises or Property, LESSEE, in LESSEE's sole discretion, is unable to use the Premises <br /> for the purposes intended hereunder, or if such condemnation may reasonably be expected to <br /> disrupt LESSEE's operations at the Premises for more than forty -five (45) days, LESSEE may, at <br /> LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have <br /> given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) <br /> days after the condemning authority shall have taken possession) terminate this Agreement as of <br /> the date the condemning authority takes such possession. LESSEE may on its own behalf make <br /> a claim in any condemnation proceeding involving the Premises for losses related to the <br /> equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss <br /> of its leasehold interest). Any such notice of termination shall cause this Agreement to expire <br /> with the same force and effect as though the date set forth in such notice were the date originally <br /> set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment <br /> as of such termination date with respect to payments due to the other under this Agreement. If <br /> LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement <br /> shall remain in full force and effect as to the portion of the Premises remaining, except that the <br /> rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to <br /> the total rentable area of the Premises. In the event that this Agreement is not terminated by <br /> reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused <br /> by such condemning authority. <br /> 31. SUBMISSION OF AGREEMENT /PARTIAL INVALIDITY /AUTHORITY. The <br /> submission of this Agreement for examination does not constitute an offer to lease the Premises <br /> and this Agreement becomes effective only upon the full execution of this Agreement by the <br /> Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and <br /> shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto <br /> warrants to the other that the person or persons executing this Agreement on behalf of such Party <br /> has the full right, power and authority to enter into and execute this Agreement on such Party's <br /> behalf and that no consent from any other person or entity is necessary as a condition precedent <br /> to the legal effect of this Agreement. <br /> Meadowlark Park <br /> 1006543 2 <br /> 13 <br />
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