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Resolution No 16-2024 - Related to Property Conveyance to McCormick Company Lathrop St.
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Resolution No 16-2024 - Related to Property Conveyance to McCormick Company Lathrop St.
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4/17/2025 3:39:21 PM
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5/14/2024 4:19:37 PM
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Board of Public Works
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Resolutions
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5/14/2024
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• <br />ARTICLE IX <br />Assignment, Subleasing, Mortgaging and Selling; <br />Redemption; Rent Prepayment and Abatement <br />Section 9.1. Assignment and Sreasin . This Lease <br />may be assigned in whole or in part, and the Project may be <br />subleased as a whole or in part, by the Lessee without the <br />necessity of obtaining the consent of either the Lessor or <br />the Trustee, subject, however, to each of the following <br />conditions: <br />(a) No assignment (other than pursuant to Section <br />8.3 hereof) shall relieve the Lessee from primary <br />liability for any of its obligations hereunder; and in <br />the event of any such assignment, the Lessee shall con- <br />tinue to remain primarily liable for payment of the <br />rents specified in Section 5.3 hereof and for perfor- <br />mance and observance of the other covenants, warranties, <br />representations and agreements on its part herein pro- <br />vided to be performed and observed by it to the same <br />extent as though no assignment had been made. <br />(b) The assignee or sublessee shall assume the <br />obligations of the Lessee hereunder to the extent of <br />the interest assigned or subleased. <br />(c) The Lessee shall, within thirty (30) days <br />after the delivery thereof, furnish or cause to be <br />furnished to the Lessor and to the Trustee a true and <br />complete copy of each such assignment, assumption of <br />obligations and sublease, as the case may be. <br />Section 9.2. Mortgaging of Project by Lessor. The <br />Lessor shall mortgayc cne Project, and shall assign its <br />interest in and pledge any moneys receivable under this <br />Lease, to the Trustee pursuant to the Indenture as security <br />for payment of the principal of and interest on the Bonds, <br />but each such mortgage, assignment or pledge shall be subject <br />and subordinate to this Lease. <br />Section 9.3. Restriction on Sale of Project by Lessor. <br />The Lessor agrees that, except as set forth in Section V <br />hereof or other provisions o£ this Lease or the Indenture, <br />it will not sell, convey, mortgage, encumber or otherwise <br />dispose of any part of the Project during the Lease Term or <br />Option period after expiration of the Lease Term. <br />Section 9.4. Redemption of Bonds. If the i,essee is <br />not in default in the payment of rent under Section 5.3 <br />hereof, the Lessor, at the request at any time of the Lessee, <br />IX-1 <br />
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