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1988-06-17 Resolution 7
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1988-06-17 Resolution 7
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7/17/2008 11:41:23 AM
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• <br />Section 6. Net Lease. It is expressly .understood and agreed <br />that this Lease shall be what is known as a net lease (i.e., the <br />.rent being absolutely net to the Authority and that all other <br />expenses in connection with the Facility of any nature whatsoever <br />shall be those of the Lessee) and that during the lease term the <br />Lessee shall be obligated to pay as its expenses without <br />reimbursement from the Authority all costs of taxes and <br />assessments, if any, and maintenance and use in connection with <br />or relating to the Facility, including but not limited to, all <br />costs and expenses of decoration, maintenance, utility, <br />janitorial and all other services, repair or replacement of all <br />parts of the Facility or improvements of the Facility. <br />Section 7. Nonliability of Authority. The Authority shall <br />.not be liable for damage caused by hidden defects or failure to <br />keep the premises in repair and shall not be liable for any <br />damage done or occasioned by or from plumbing, gas, water, <br />boilers, steam. or other pipes or sewage or the bursting or <br />leaking of plumbing or heating fixtures or waste or soil pipe in <br />connection with said premises, nor for damage occasioned by <br />water, snow or ice being upon sidewalks or coming through the <br />roof, skylight, trapdoor or otherwise. The Authority. shall not <br />be liable for any injury to the Lessee or any sublessee of the <br />Lessee or any other person which injury occurs on, in or about <br />the Facility howsoever arising. The Authority shall not be <br />. liable for damage to the Lessees property or to the property of <br />any sublessee of the Lessee or of any other person which may be <br />located in, upon or about said premises. <br />Section 8. Alterations. Lessee shall have the right, <br />without the consent of the Authority, to make all alterations, <br />modifications and additions and to do all remodelings and <br />improvements 'it deems necessary or desirable to the Facility, <br />which do not reduce the rental value of the Facility. <br />Section 9. Insurance. The Lessee, at its own expense, will, <br />during the full term of the Lease, keep the Facility insured <br />against physical loss or damage, however caused, with such <br />exceptions as are ordinarily required by insurers of buildings or <br />facilities of a similar type, in good and responsible insurance <br />companies acceptable to the Authority. Such insurance shall be <br />in an amount at least equal to the greater of (i) the option to <br />purchase price or (ii) one hundred percent (1000 of the full <br />replacement cost of such Facility as certified by a registered <br />architect, a registered engineer, or professional appraisal <br />engineer, selected by the Authority, on the effective date of <br />this Lease and on or before the first day of April of each year <br />thereafter; provided that such certification shall not be <br />required so long as the amount of such insurance shall be in an <br />amount at least equal to the option to purchase price. Such. <br />appraisal may be based upon a recognized index of conversion <br />factors. In no event shall the insurance be in an amount which <br />causes the Lessee to be a co-insurer for the Facility. Such <br />-4- <br />
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