02-09-1998 Council Packet - Laserfiche WebLink

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r • » 17. 18. 19. 20. Assignment and Sublettine. Tenant may not assign, or otherwise transfer all or any part of its interest in this Lease or in the Premises without the prior written consent of Landlord; provided, however, that Tenant may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in- interest or entity acquiring fifty-one percent (51%) or more of its stock or assets, subject to any financing Agreement upon written notice to Landlord, subject to the assignee assuming all of Tenant’s obligations herein, including but not limited to, those set forth above. Notwithstanding anything to the contrary contained in this Lease, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Lease to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. Utility Service . Tenant agrees to timely pay for and install all required utility services and meters. Payment for electric and/or telephone service for Tenant’s Antenna Facilities shall be Tenant’s responsibility without any adjustment to rent. The Landlord shall not be responsible for any damages which occur as a result of interruption of utility services. Installation of utility services are subject to City approval as to siting. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, and such taking materially interferes with the ability of either party to meet its obligations or exercise its rights under this Lease, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days’ written notice to the other party. In the event of any taking under the power of eminent domain. Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant’s business and Tenant Facilities and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property. Antenna Facilities, and leasehold improvements and Tenant shall receive the full amount of such reward. Default. Except as expressly limited hereby. Landlord and Tenant shall have such remedies for the default of the other party hereto as may be provided at law or equity 082/22148474 11/14/97