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2005_Resolutions
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2005_Resolutions
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• (B) Lessors shall not be liable for any damage or injury to person or property <br />caused by or resulting from steam, electricity, gas, oil, rain, ice, snow, or any leak <br />or flow from or into any part of the Premises or the building of which the same is <br />a part, or for any damage or injury resulting or arising from any other cause or <br />happening whatsoever unless said damage or injury is caused by the negligent or <br />wrongful act or omission of the Lessors or either of them; and, notwithstanding <br />the foregoing or any other provision of this Lease, Lessors shall not be liable to <br />Lessee or any insurance company insuring Lessee for any loss or damage to <br />Lessee's personal property within the Premises or on Lessors' property which was <br />covered by fire and extended coverage insurance. <br />15. EMINENT DOMAIN. If the Premises or any part thereof or any estate therein, <br />or any other part of the building materially affecting Lessee's use of the Premises <br />shall be taken by eminent domain, this Lease shall terminate on the date when <br />entry onto the Premises is made by the takeover entity. The rent shall be <br />apportioned as of the termination date, and any rent paid for any period beyond <br />that date or rent credits shall be repaid to Lessee. Lessee shall not be entitled to <br />any part of the award for such taking or any payment in lieu thereof, but Lessee <br />may file a claim for any taking of improvements owned by Lessee, and for <br />relocation expenses. <br />16. DAMAGE BY FIRE OR OTHER CASUALTY. If all or any portion of the <br />• Premises shall be damaged or destroyed by fire or other casualty, this Lease shall <br />not be terminated unless Lessors decide not to replace, repair or rebuild in accord <br />with the following provisions. Lessee hereby waives any and all rights to <br />terminate this Lease by reason of damage to the Premises by fire or other casualty <br />pursuant to any presently existing or hereafter enacted statute or pursuant to any <br />other law. In the event of any damage to the Premises by fire or other casualty <br />which renders the premises unfit for Lessee's purposes, in whole or in part, there <br />shall be an abatement of the rent payable hereunder during the period of such <br />condition for so long as Lessee is not engaged in the conduct of its business <br />operations in the Premises to substantially the same extent as that prior to said <br />casualty and only to that extent which the Premises are rendered unusable, and on <br />a pro rata basis. If all or any portion of the Premises is damaged or destroyed by <br />fire or other casualty that is covered by Lessee's general liability insurance, then <br />all insurance proceeds under such policy shall be paid to the Lessors or made <br />available for the payment for repair, replacement, or rebuilding, and the Lessors <br />shall elect as soon as practical after the damage has occurred, but no later than <br />twenty (20) days thereafter, whether or not to repair or rebuild the Premises or <br />any such portion thereof to its condition immediately prior to such occurrence; <br />provided, however, that the foregoing provisions shall not require the Lessor to <br />repair or rebuild any part of the Premises, or of Lessee's improvements, <br />equipment or appurtenances not constituting fixtures or otherwise a part of the <br />Premises owned by Lessors. In any event, Lessors shall provide Lessee written <br />• notice of its decision either to elect to or refuse to replace or rebuild said Premises <br />0 <br />
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