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2015-03-03-R
CITY-OF-BATESVILLE
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2015-03-03-R
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ROM <br /> the- Aikl <br /> 16. In the event of the taking by a competent authority for any public <br /> use or purposes of the premises or a substantial part thereof (including public access <br /> and parking) so that in the opinion of the LESSEE the remaining portion is unusable <br /> for the purposes of LESSEE, then the term hereby granted shall cease on the day prior <br /> to vesting title in such authority. Rent shall be paid to and adjusted as to that day and <br /> this Lease Agreement shall terminate on that day. The condemnation award, in such <br /> event, shall be payable to LESSOR and LESSEE. As between such par-ties, the award <br /> shall be distributed first to LESSEE to the extent of the LESSEE's financial investment <br /> in the improvements made by them to the premises or the fair market value of the <br /> remainder of the feasehold, whichever is greater, and second to LESSOR to the full <br /> extent of its investment in the improvements made to the premises, and, third, the <br /> balance, if any, distributed between the parties in the proportion of the division made <br /> as set out above. <br /> In the event that only part of the premises is taken, then the LESSEE <br /> may, at its option, retain the remainder of the premises and restore the premises to a <br /> tenantable condition forthwith and may use the condemnation awards for such <br /> purposes and the balance, if any, payable to LESSOR. <br /> 17. This agreement shall be binding upon the parties hereto, their <br /> successors, heirs, administrators, executors and assigns. LESSEE may sublease the <br /> demised premises to a corporation or other entity formed by it for the purposes <br /> 7 <br />
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