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2000-09-06 Agenda
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2000-09-06 Agenda
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MPS : 1 uV r ❑i ' JO' Oil :111 VI VI U I VLVVV Lira WI II vcvwv cw — r - rvv <br /> K. Merger and Modification. It is understood and agreed that the entire <br /> Agreement between the parties is contained herein and that this Agreement <br /> supersedes all oral agreements and negotiations between the parties relating to <br /> the subject matter. All items referred to in this Agreement are incorporated or <br /> attached and are deemed to be a part of this Agreement. <br /> Any material alterations, variations, modifications, or waivers and provisions of <br /> this Agreement shall be valid only when they have been reduced to writing as <br /> an amendment hereto signed by both parties. <br /> L. General Provisions. <br /> a. Waiver of Subrogation. Each of the parties hereby waives and <br /> relinquishes any and all rights which it may have against the other party on <br /> account of any claims or damages resulting from a loss to property owned by <br /> it, caused by the alleged negligence of such other party or its employees or <br /> persons on the described premises by permission of such other party, whether <br /> or not the property of such other party is insured against loss in the amount of <br /> its full insurable value. <br /> Each of the parties hereto will use good faith efforts to procure from the carrier <br /> of insurance on its property an endorsement on all its policies of insurance <br /> carried by it, substantially in the following language: <br /> It is hereby stipulated that this insurance shall not be invalidated should <br /> the insured waive in writing prior to a loss any or aft right of recovery <br /> against any party for loss occurring to the property described herein or <br /> affected thereby. <br /> b. Default. If either party should be in default under any of the <br /> provisions, terms, and conditions of this Lease and such default shall continue <br /> to exist after receipt by the defaulting party of thirty (30) days' written notice, <br /> the other party may terminate its performance under this Lease without <br /> prejudice to its right to recover damages against the defaulting party. In the <br /> event that the Lessee is in default, in the payment of rent or due to wiltful or <br /> malicious injury to the leased premises, the Lessor may, with or without the <br /> service of notice, declare the Lease to be void and re -enter the premises to <br /> expel the Lessee, using such force as may be necessary, without prejudice to <br /> any remedies which the Lessor might have to collect arrearages of rent. <br /> c. Bankruptcy. In the event of voluntary or involuntary bankruptcy on <br /> the part of the Lessee, or the appointment of a receiver for the Lessee, or a <br /> voluntary assignment for creditors by the Lessee, or If this Lease shall by <br /> operation of law pass to any person or corporation other than the Lessee, then <br /> and in each of those events this Lease shall, at the option of the Lessor, be <br /> subject to cancellation forthwith. <br /> :.e.w.v..Ma —D107 4 <br />
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