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Resolution No 37-2018 - Approval of Lease Located at 319 Niles Avenue for South Bend Human Rights Commission
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Resolution No 37-2018 - Approval of Lease Located at 319 Niles Avenue for South Bend Human Rights Commission
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4/4/2025 11:10:02 AM
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7/20/2018 10:57:44 AM
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Board of Public Works
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Resolutions
Document Date
7/19/2018
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under the Real Estate. Without limiting the foregoing, if the presence of any Hazardous <br />Material on the Premises or Real Estate caused or permitted by Tenant results in any <br />contamination of the Premises or Real Estate, Tenant shall promptly take all actions, at its <br />sole expense, as are necessary to return the Premises to the condition existing prior to the <br />introduction of any such Hazardous Material to the Premises or Real Estate; provided that <br />Landlord's written approval of such actions shall be first be obtained, which approval shall <br />not be unreasonably withheld so long as such actions would not potentially have any material <br />adverse long term or short term effect on the Premises or Real Estate. The foregoing indemnity <br />shall survive the expiration or earlier termination of the Lease. As used herein, the term <br />"Hazardous Material" means any hazardous or toxic substance, material or waste, including, <br />but not limited to, those substances, materials and wastes defined or specified in 42 U.S.0 <br />Sec. 9601 et seq. and any similar state statute or local ordinance applicable to the Real Estate <br />as well as any rules and regulations promulgated, administered or enforced by any <br />governmental agency or authority pursuant thereto including any subsequent amendments <br />thereof. <br />27. EXCULPATION. <br />Tenant's source of satisfaction of Landlord's obligation hereunder shall be limited to <br />the Property and Tenant shall not seek to procure payment out of any other assets of Landlord <br />or any person or entity comprising Landlord, or to seek any judgment for any sums which are <br />or may be payable under this Lease. <br />28. MISCELLANEOUS. <br />A. The invalidity of any provision, clause, or phrase will not serve to render the balance <br />of this Lease ineffective or void. <br />23 <br />
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