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07-B Star~NET Lease
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November 12, 2001
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07-B Star~NET Lease
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Last modified
11/8/2005 11:25:42 AM
Creation date
11/9/2001 9:12:46 PM
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AGENDA
Item Number
7-B
AGENDA - Type
RESOLUTION
Description
Star~NET Lease Agreement
AGENDA - Date
11/12/2001
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waive such rights, but Landlord shall have the rights to enforce such rights at any time and take such <br />action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum <br />paid or services provided by Tenant to Landlord after a breach of this Agreement shall not be deemed <br />a waiver of such breach unless expressly set forth in writing. <br /> <br />-2928. TAXES. <br /> <br />a. Tenant shall pay all real and personal property taxes (or payments in lieu of taxes) and <br />assessments for the Premises, if any, which become due and payable during the term of this <br />Lease. All such payments shall be made, and evidence of all such payments shall be provided <br />to Landlord, at least ten (10) days prior to the delinquency date of the payment. Tenant shall <br />pay all taxes on its personal property on the Premises. <br /> <br />b. Tenant shall indemnify Landlord from any and all liability, obligation, damages, <br />penalties, claims, liens, costs, charges, losses, and expenses (including, without limitation, <br />reasonable fees and expenses of attorneys, expert witnesses, and consultants), which may be <br />imposed upon, incurred by, or be asserted against Landlord or Tenant in relation to the taxes <br />owed or assessed on the Premises. <br /> <br />c. If the methods of taxation in effect at the Commencement Date of the Lease are <br />altered so that, in lieu of or as a substitute for any portion of the property taxes and special <br />assessments now imposed on property, there is imposed a tax upon or against the <br />consideration payable by Tenant to Landlord, Tenant shall pay those amounts in the same <br />manner as provided for the payment of real and personal property taxes. <br /> <br />3-029. TREATMENT IN BANKRUPTCY. The parties to this Lease hereby expressly agree and <br />acknowledge that it is the intention of both parties that in the event that during the term of this Lease <br />Tenant shall become a debtor in any voluntary or involuntary bankruptcy proceeding (a"Proceeding") <br />under the United States Bankruptcy Code, 11 U.S.C. § 101, et seq. (The "Code"), this Lease is and <br />shall be treated as an "unexpired lease of nonresidential real property" for purposes of Section 365 <br />of the Code, 11 U.S.C. § 365, and, accordingly, shall be subject to the provisions of subsections <br />(d)(3) and (d)(4) of said Section 365. <br /> <br />3--~30. MISCELLANEOUS. <br /> <br />a. This Lease is not a franchise pursuant to Article XI of the Charter of the City of Paris, <br />Chapter 29, Article IV of the Code Ordinances of the City of Paris, or Title 9, Chapter 282 <br />of the Texas Local Government Code, or any other provisions of Federal, State, or local laws, <br />nor is it a permit to use the rights-of-way under Chapter 29, Article I! of the Code of <br />Ordinances of the City of Paris or Title 9, Chapter 283 of the Texas Local Government Code, <br />or any other provisions of Federal, State, or local law. Any such franchise or permit must be <br />obtained separately from Landlord. <br /> <br />b. Landlord and Tenant each represent and warrant to the other that all necessary <br /> <br />Page 15 of 19 <br /> <br /> <br />
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