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Reso 1998-026 to 030
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Reso 1998-026 to 030
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1998
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condition, if any, so long as no Event of Default by Tenant exists hereunder that has not <br />been cured within the applicable cure period, if any. <br />Section 11.6 No Abatement of Rent Until Tenant's Note Repaid <br />Until Tenant's Note has been repaid in full, no direct or indirect destruction of or <br />damage to the Premises and/or the Improvements, or any part thereof, whether such damage <br />or destruction be partial or total, shall permit Tenant to surrender or terminate the Lease or <br />relieve Tenant from its obligation to pay in full the Rent and other sums and charges payable <br />by Tenant hereunder or from any other obligation under the Lease, except as expressly set <br />forth in this Lease. Notwithstanding any such termination as set forth in this Lease, all of <br />Tenant's obligations under Tenant's Note, including, without limitation, the obligation to pay <br />all principal and interest due thereunder, shall remain in full force and effect and shall not be <br />reduced, released or otherwise affected by the termination of this Lease. After Tenant's <br />Note has been repaid in full, if the Premises and/or the Improvements are damaged or <br />destroyed and the damage or destruction (i) was not caused by the negligent or intentional <br />acts or omissions of Tenant or Tenant's permitted invitees, sublessees, agents, contractors, <br />employees, or licensees and (ii) results from a casualty or occurrence not required to be <br />insured against under business interruption insurance required to be maintained by Tenant <br />under this Lease and not otherwise insured against (or, if covered by business interruption <br />insurance, upon the exhaustion of the proceeds of such insurance as required under this <br />Lease or as otherwise insured against), then Tenant's obligation to pay Base Rent shall be <br />equitably reduced until such damage or destruction is repaired or restored based on the extent <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 46 <br />2574001\313983.8 <br />
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