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11-Move to approve a resolution authorizing the execution of a lease with the City of Paris and Union Pacific Railroad Co.
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11-Move to approve a resolution authorizing the execution of a lease with the City of Paris and Union Pacific Railroad Co.
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CITY CLERK
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11
Doc Type
Agenda
CITY CLERK - Date
4/26/2010
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compliance by Lessee with this Section 16, the release and indemnity provisions <br />shall apply fully to any damage or destruction of any telecommunications system. <br />Section 17. NOTICES. <br />Any notice, consent or approval to be given under this Lease , <br />personally served, sent by facsimile to (402) 501-0340, by email or by reputable <br />by certified mail, postage prepaid, return receipt requested, to Lessor at: I <br />Company, Attn: General Manager - Real Estate, Real Estate Department, 1400 Do <br />Omaha, Nebraska 68179; and to Lessee at the above address, or such other , <br />designate in notice given to the other party. Mailed notices shall be deemed se <br />deposit in the U.S. Mail. Notices which are faxed, emailed, are personally sel <br />service shall be deemed served upon receipt. <br />Section 18. ASSIGNMENT. <br />A. Lessee shall not sublease the Premises, in whole or in part, or , <br />transfer (by operation of law or otherwise) this Lease, without the prior consent of Lmay be denied at Lessor's sole and absolute discretion. Any purported transfer or <br />Lessor's consent shall be void and shall be a default by Lessee. <br />B. Subject to this Section 18, this Lease shall be binding upon and inure <br />parties hereto and their respective heirs, executors, administrators, successors and assi <br />Section 19. CONDEMNATION. <br />If, as reasonably determined by Lessor, the Premises cannot be used <br />a condemnation or sale in lieu of condemnation, then this Lease shall automatical <br />shall be entitled to the entire award or proceeds for any total or partial condemi <br />thereof, including, without limitation, any award or proceeds for the value of the le~ <br />by this Lease. Notwithstanding the foregoing, Lessee shall have the right to purs <br />condemning authority of such compensation as may be separately awarded to <br />relocation expenses, the talcing of Lessee's personal property and fixtures, and t <br />damage to Lessee's business. <br />Section 20. ATTORNEY'S FEES. <br />If either party retains an attorney to enforce this Lease (including, <br />indemnity provisions of this Lease), the prevailing party is entitled to recover reaso <br />Section 21. RIGHTS AND OBLIGATIONS OF LESSOR. <br />If any of the rights and obligations of Lessor under this Lease <br />negatively affected by any changes in the laws applicable to this Lease, whether s <br />under federal or state judicial precedent, then Lessor may require Lessee to enter <br />this Lease to eliminate the negative effect on Lessor's rights and obligations to <br />possible. <br />Section 22. ENTIRE AGREEMENT. <br />This Lease is the entire agreement between the parties, and supersedes all <br />agreements between the parties pertaining to this transaction. Notwithstanding the <br />be in <br />; Street, <br />ss as a <br />five (5; <br />or sent <br />12 above <br />ing, and <br />or sent <br />Railroad <br />op 1690, <br />trty may <br />ays after <br />/ courier <br />gn, e umner or <br />)r, wh h consent <br />3ignm t without <br />the be efit of the <br />Lessee <br />or <br />;cause of <br />, Lessor <br />e in lieu <br />e created <br />from the <br />Lessee's <br />on of or <br />lout lim ation, the <br />; attorn's fees. <br />substa tially and <br />rory, re ulatory or <br />an am dment to <br />extent easonably <br />oral or sentenc tritten <br />Lessee <br />94 <br />
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