765 - Laserfiche WebLink

Home Browse Search

0 (5) The taking of title to or the temporary use of the whole or any part of the leased premises by condemnation as provided in Article XIV hereof (except in the case of the taking of title to all or substantially all of the leased premises and the payment by Lessee of the additional rent in the amount that the total bond redemption expenses exceeds the net amount awarded as dam- ages plus the funds in the Bond Fund, as specified in Section 1401 A, and except in the event Lessee exercises the option to purchase and pays the pur- chase price as specified in Section 1403); (6) Any assignment under the provisions of Article XV, including without limitation, an assignment as part of a transaction involving merger, consolidation or sale of all or substantially all of Lessee's assets, as pro- vided in Section 1501; subject, however, to the provisions of Section 1501 that performance by an assignee or sub -lessee shall be considered as per- formance pro tanto by Lessee; (7) Any termination of this Lease and Agreement for any reason whatsoever, including, without limitation, termination under Article XVIII, subject, however, to the provisions of Article XVIII; (8) Failure of consideration or commercial frustration of purpose; (9) Any change in the tax or other laws of the United States of America or of the State of Arkansas; or (10) Any default of the Lessor under this Lease and Agreement, or any other fault or failure of the Lessor whatsoever (except in the event Lessee exercises the option to purchase and pays the purchase price as specified in Section 1902 hereof); Section 204. Payments of basic rent shall be made to Lessor by Lessee remitting the same directly to the Trustee, for the account of Lessor, and shall be deposited by the Trustee in the trust account provided for in the Trust Indcnture designatec'i 'Bate.sville, .IrkCinsas 1968 Industrial Development Bond Fund- Westport Project" (the "Bond Fund"), to be used by