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No. 2369 approving a counter offer from and a contract of purchase and sale with Key S.B. LLC and other related matters
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No. 2369 approving a counter offer from and a contract of purchase and sale with Key S.B. LLC and other related matters
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8/12/2009 12:20:46 PM
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r1 <br />U <br />(b) The Lessee shall have the right, for the Lease Term, to use and maintain <br />the premises in a manner that allows the general public to use the premises for pedestrian access <br />and for other customary uses related to plaza courtyards provided that the Lessee shall have a <br />right to restrict the use of the premises in the event that the Lessee determines, in its sole opinion, <br />that the uses occurring the premises are adversely affecting its use of the Premises or are in <br />violation of the Easement Agreement or any other restriction of record. <br />(c) Lessee shall use commercially reasonable efforts to maintain the premises <br />in accordance with all applicable law and ordinances, including all zoning or use laws and <br />regulations and the following; <br />(i) the restrictions set forth in the Limited Warranty Deed from <br />KeyBank National Association ("KeyBank") to Key S.B., L.L.C. <br />dated December 28, 2000 and recorded on January 15, 2001 in the <br />St. Joseph County Recorder's Office as Instrument No. 0101980; <br />• (ii) the restrictions set forth in the Reciprocal License, Easement and <br />Maintenance Agreement between Society National Bank, Indiana, <br />and One Plaza Associates dated January 11, 1994 and recorded on <br />January 14, 1994 in the St. Joseph County Recorder's Office as <br />Instrument No. 9402004 (the "1994 Plaza Easement"); <br />(iii) the terms of the Deed from the Department of Financial <br />Institutions of the State of Indiana to William F. Sheehan dated <br />April 30, 1940 and recorded in the St. Joseph County Recorder's <br />Office in Deed Book 820, Page 589 and as Instrument No. 80170; <br />and <br />(iv) The Easement set forth in the Warranty Deed dated February 28, <br />1878 from David K. Wall and Eliza T. Wall to The Studebaker <br />Brothers Manufacturing Company recorded March 5, 1878 in the <br />Office of the Recorder of St. Joseph County, Indiana in Deed <br />Record 59, Page 297. <br />In the event that either (i) the Lessor affirmatively acts, solely and independent <br />• <br />-5- <br />
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