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1 RDC Packet 12.8.22
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1 RDC Packet 12.8.22
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5 <br />pay the annual rentals and the Additional Rentals, or any other amounts due hereunder, from any <br />other revenues legally available to the Lessee; provided, however, the Lessee shall be under no <br />obligation to pay any annual rentals or Additional Rentals or any other amounts due hereunder <br />from any moneys or properties of the Lessee except the revenues deposited into the Bond Fund. <br />3. Payment of Rentals. All rentals payable under the terms of this Lease shall be <br />paid by the Lessee to the bank or trust company designated as Trustee (“Trustee”) under the Trust <br />Indenture between it and the Lessor (“Indenture”), or to such other bank or trust company as may <br />from time to time succeed such bank as Trustee under the Indenture securing the bonds to be issued <br />by the Lessor to finance the acquisition and construction of the Leased Premises. Any successor <br />trustee under the Indenture shall be endorsed on this Lease at the end hereof by the parties hereto <br />as soon as possible after selection, and such endorsement shall be recorded as an addendum to this <br />Lease. All payments so made by the Lessee shall be considered as payment to the Lessor of the <br />rentals payable hereunder. <br />4. Abatement of Rent; Substitution. If any part of the Leased Premises is taken <br />under the exercise of the power of eminent domain, so as to render it unfit, in whole or part, for <br />use by the Lessee, it shall then be the obligation of the Lessor to restore and reconstruct that portion <br />of the Leased Premises as promptly as may be done, unavoidable strikes and other causes beyond <br />the control of the Lessor excepted; provided, however, that the Lessor shall not be obligated to <br />expend on such restoration or reconstruction more than the condemnation proceeds received by <br />the Lessor. <br />If any part of the Leased Premises shall be partially or totally destroyed, or is taken under <br />the exercise of the power of eminent domain, so as to render it unfit, in whole or part, for use or <br />occupancy by the Lessee, the rent shall be abated for the period during which the Leased Premises <br />or such part thereof is unfit or unavailable for use, and the abatement shall be in proportion to the <br />percentage of the Leased Premises which is unfit or unavailable for use or occupancy. <br />Notwithstanding the foregoing, the Leased Premises may be amended to add additional <br />property to the Leased Premises or remove any portion of the Leased Premises, provided however, <br />following such amendment, the rental payable under this Lease shall be based on the value of the <br />portion of the Leased Premises which is available for use, and the rental payments due under this <br />Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding <br />Bonds. In the event that all or a portion of the Leased Premises shall be unavailable for use by the <br />Lessee, subject to the completion of any process required by law, the Lessor and the Lessee shall <br />amend the Lease to add to and/or replace a portion of the Leased Premises to the extent necessary <br />to provide for available Leased Premises with a value supporting rental payments under the Lease <br />sufficient to pay when due all principal of and interest on outstanding Bonds. <br />5. Maintenance, Alterations and Repairs. The Lessee may enter into agreements <br />with one (1) or more other parties for the operation, maintenance, repair and alterations of all or <br />any portion of the Leased Premises. Such other parties may assume all responsibility for operation, <br />maintenance, repairs and alterations to the Leased Premises. At the end of the term of this Lease, <br />the Lessee shall deliver the Leased Premises to the Lessor in as good condition as at the beginning <br />of the term, reasonable wear and tear only excepted. <br />6. Insurance. During the full term of this Lease, the Lessee shall, at its own expense, <br />keep in effect public liability insurance in amounts customarily carried for similar properties. Such
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