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11-10-1997 Council Packet
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11-10-1997 Council Packet
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13(e) above. Landlord may assign this Agreement upon written notice to Tenant, subject <br />to the assignee assuming all of Landlord ’s obligations herein, including but not limited <br />to, those set forth in subparagraph 13(e) above. Notwithstanding anything to the contrary <br />contained in this Agreement, Tenant may assign, mortgage, pledge, hypothecate or <br />otherwise transfer without consent its interest in this Agreement to any financing entity, <br />or agent on behalf of any financing entity to whom Tenant (i) has obligations for <br />borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by <br />bonds, debentures, notes or similar instruments, or (iii) has obligations under or with <br />respect to letters of credit, bankers acceptances and similar facilities or in respect of <br />guaranties thereof <br />Utility Service. Tenant agrees to timely pay for and install all required utility services <br />and meters. Payment for electric and/or telephone service for Tenant’s Antenna-Facilities <br />shall be Tenant’s responsibility without any adjustment to rent. The Landlord shall not <br />be responsible for any damages which occur as a result of interruption of utility services. <br />Installation of utility services are subject to Landlord ’s reasonable approval as to location. <br />Condemnation. In the event the whole of the Leased Premises is taken by eminent <br />domain, this Lease shall terminate as of the date title to the Leased Premises vests in the <br />condemning authority. In event a portion of the Leased Premises is taken by eminent <br />domain, either party shall have the right to terminate this Lease as of said date of title <br />transfer, by giving thirty (30) days written notice to the other party. In the event of any <br />taking under the power of eminent domain. Tenant shall not be entitled to any portion of <br />the reward paid for the taking and the Landlord shall receive full amount of such award. <br />Tenant hereby expressly waives any right or claim to any portion thereof. Although all <br />damages, whether awarded as compensation for diminution in value of the leasehold or <br />to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right <br />to claim and recover from the condemning authority, but not from Landlord, such <br />compensation as may be separately awarded or recoverable by Tenant on account of any <br />and all damage to Tenant’s business and any costs or expenses incurred by Tenant in <br />moving/removing its equipment, personal property. Antenna Facilities, and leasehold <br />improvements. <br />Default . Except as expressly limited hereby. Landlord and Tenant shall have such <br />remedies for the default of the other party hereto as may be provided at law or equity <br />following written notice of such default and failure to cure the same within thirty (30) <br />days. <br />Notices. All notices hereunder must be in writing and shall be deemed validly given if <br />delivered personally or if sent by certified mail, return receipt requested, addressed as <br />follows (or any other address that the party to be notified may have designated to the <br />sender by like notice); <br />If to Landlord, to; City of Orono <br />082/22148276 11/7/97
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