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RES 87555
City of Pleasanton
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RES 87555
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6/25/2012 2:09:43 PM
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12/8/1999 1:01:00 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
12/15/1987
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acquires possession. In the event that the demised premises are <br /> condemned in whole, at that such portion is condemned that the <br /> remainder is not susceptible for use hereunder, this lease shall <br /> terminate t~pOn the date upon which the condemnor at:quires <br /> possessi on. A1 ii. sums which may be payab 1 e on account of any <br /> c:oru:~emnatic~r~ shall belong to the Lessor, and Lessee shall not be <br /> entitled 'to retain an'y amount awarded to him for his trade <br /> t- i x tures or mo,/i ng expenses. <br /> <br /> 15. TRADE FIXTURES: Any and all improvements made to the <br /> premises during the term hereof shall belong to the Lessor, <br /> exc:ept trade .~:ixtures of the Lessee. Lessee may, upon <br /> termination hereof, remove all his trade fixtures~ but shall <br /> repair or pa,/ for all repairs necessary ~:or damages to the <br /> premises ofzcasioned by removal. <br /> <br /> 16. DESTRUCTION OR PREMISES: In the event of a partial <br /> destruction o-f the premises during the term hereof ~ from any <br /> cause, Lessor shall forthwith repair the same, provided that such <br /> r~ep~irs can be made within sixty (60) days, under existing <br /> ~overr~mental laws and regulatiorts, but such partial destruction <br /> shall not t. erminate this lease, except that Lessee shall be <br /> entitled to a proportionate reduction o-f rent while such repairs <br /> ,'.~re being made, based upon the extent to which the making of such <br /> repairs sha.[ 1 interfere with the business of Lessee on the <br />[tr'emises. [.~ suc:h repairs ~zannot be made within a reasonable <br />time 'this ].ease continuing in effect with the rent <br />pt'-c~pot"tionately abated as aforesaid, and in the event that Lessor <br />shall not elect to make such repairs which cannot be made within <br />sixty (6()) days, this lease may be terminated at the option o'f <br />either party. <br /> <br />In the event that the building in which the demised premises may <br />be situated is destroyed to an extent o'f not less that one.-third <br />of the replacement costs thereo.f, Lessor may elect to terminate <br />this leas. e whether the demised premises be injured or not. A <br />tote, l destr'uction o'J: the building in which the premises may be <br />sitiuated shall ter'minate this lease. <br /> <br />In the ~event o.f: ar~y dispute between L. essor and Lessee with <br />re~spect to the provisions hereof, the matter shall be ~ettled by <br />arbitration in such a manner as the parties may agree upon, or if <br />they {=e{nnot aOree, in accordance with the rules of the American <br />~irbitration Association. <br /> <br />1 ~. INSOLVENCY: In the event that a recei vet shal 1 be <br />appointed to take over the business of the Lessee, or in the <br />event that the Lessee shall make a general assignment for the <br />benefit of the creditors, or Lessee shall take or suffer any <br />action under any insolvency or bankruptcy act, the same shall <br />constitute breach of this lease by Lessee. <br /> <br />18. REMEDIES OF OWNER ON DEFAULT: In the event of any breach <br />of this lease by lessee, lessor ma~, at his option, terminate the <br />lease and recover from lessee: (a) the worth at the time o~ award <br /> <br /> 4 <br /> <br /> <br />
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