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04-24-2017 Council Work Session Packet
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04-24-2017 Council Work Session Packet
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7.2 Vesting. Upon termination of this Lease, if Tenant does not exercise Tenant's <br />option to purchase under Section 2.5 of this Lease, all right, title and interest of Tenant in the <br />Development shall automatically vest in Landlord without the necessity of confirmation by <br />any other document. However, upon the request of Landlord, such vesting shall be <br />confirmed in separate recordable instruments in form and substance acceptable to Landlord. <br />7.3 Tenant's Equipment. Any of Tenant's Equipment remaining in the <br />Development after termination of this Lease or of Tenant's right of possession of the <br />Development Property shall be deemed conclusively to have been abandoned by Tenant and, <br />after notice to Tenant and Tenant's failure to respond within twenty (20) business days after <br />service thereof, may be appropriated, sold, destroyed, or disposed of by Landlord without <br />further notice or obligation to compensate Tenant or account therefor. <br />7.4 Acceptance. No modification, termination or surrender of this Lease or <br />surrender of the Development Property or any part thereof or any interest therein by Tenant <br />shall be valid or effective unless agreed to and accepted in writing by Landlord and any <br />Holders, and no act by any representative or agent of Landlord or any Holder other than such <br />written agreement and acceptance shall constitute acceptance thereof. <br />7.5 Merger. There shall be no merger of the leasehold estate created by this Lease <br />with the fee estate in the Development Property by reason of the same party owning or <br />holding any interest in such leasehold estate and any interest in such fee estate. No merger of <br />the leasehold estate and fee estate shall occur unless and until all parties (including any <br />Holder) having any interest in the leasehold estate created by this Lease and the fee estate in <br />the Development Property shall join in and duly record a written instrument effecting such <br />merger. <br />ARTICLE 8 <br />NOTICES AND ESTOPPELS <br />8.1 Notices. All notices and other communications from Landlord to Tenant or <br />from Tenant to Landlord under this Lease shall be in writing and shall be deemed duly served <br />if delivered personally to an officer of the party being served or if mailed by registered or <br />certified mail, postage prepaid, addressed <br />if to Landlord: <br />in <br />
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