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765
CITY-OF-BATESVILLE
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765
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4/30/2019 2:23:32 PM
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provlc cu tna t the �,VC)rcis "1n'sur'C?nce p1OC:eeas" there <br />referred to shall for purposes Of this sub -paragraph <br />(ii) refer to "condemnation award" . If the net <br />condemnation award applicable to property owned <br />by t!ie Lessor is in excess of the amount necessary <br />to repair and rebuild as specified in (i) above, such <br />(--:_cess shall be paid to and belong to the T css,_)r and the <br />amount of such excess small be credited against basic rent <br />next thereafter provided to be paid by Lessee under <br />the provisions of Section 203 hereof, and Lessee <br />shall not be required to pay any basic rent thereafter <br />except when and to the extent basic rent becomes due <br />and payable in excess of the amount so credited. If <br />such excess is more than the remaining total basic <br />rent obligations of the Lessee hereunder, and if at <br />that time Lessee is not in monetary default with <br />respect to any of its obligations under this Lease <br />and Agreement, only that portion thereof equal to <br />the remaining total basic rent obligations of Lessee <br />shall be paid to and belong to Lessor, and the excess <br />shall belong to and shall be paid to the Lessee. If <br />Lessee is in default with reference to any of its <br />monetary obligations, the .amount of excess over and <br />above the amount necessary to satisfy said monetary <br />obligations with reference to which Lessee is in <br />default shall be paid to Lessee. If the net condemna- <br />tion award is less than the amount necessary for the Lessee <br />to repair and rebuild as set forth in (i) above, the Lessee <br />shall nevertheless complete the repair and rebuilding <br />work and pay the cost thereof; and <br />(iii) If no part of the improvements is taken, the <br />net condemnation award shall be paid to Lessor <br />and credited against basic rent obligations next <br />thereafter provided to be paid by Lessee under the <br />provisions of Section 203 hereof, and the Lessee <br />shall not be required to pay any basic rent thereafter <br />except when and to the extent basic rent becomes <br />due and payable in excess of the amount so credited. <br />C . In the event of a taking under either A or B above, the Lessee <br />shall have the right to participate in and to prove in the condemnation pro- <br />ceedings and to receive any award (by way of negotiation, settlement or <br />judgment) which may be made for damages sustained by Lessee by reason <br />of the condemnation; provided, however, nothing in this sub -section C shall <br />be construed to diminish or impair in any way Lessee's obligation under sub- <br />section A of this Section 1401 to pay as additional rent the amount of any <br />insufficiency of the net condemnation award and the funds in the Bond Fund <br />to pay the total bond redemption expense as therein defined. <br />
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