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79005189
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Last modified
1/13/2010 3:45:03 AM
Creation date
1/13/2010 3:44:28 AM
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DEEDS
Inst Number
79005189
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<br />ail of the Project shah be applied as fo22ows: (a} Authority <br />shall receive an amount equal to-all attorneys' fees and other <br />expenses and costs incurred by Futhority in connection with such <br />condem:ation and any sums of money then due and owing by Lessee <br />under the terms of this Lease Agreement, or by Region III under <br />the terms of the Sublease; and (b} the balance shall belong to and <br />be paid to Lessee. <br />Section 11.4 I{ during the life of this Lease Agreement <br />title to less than substantially all of the Project be condemned <br />by any authority having the power of eminent domain, this Z.ease <br />Agreement shall not thereby be terminated and the obligations of <br />either party under this Lease Agreement shall net be reduced or <br />affected in any wav. <br />Section 11.5 If any part of the Project is condemned or <br />damaged as a result of the condemnation at any time during the <br />life of this Agreement of title to less than substantially all of <br />the Project, Lessee as construction Agent of the Authority, shall <br />promptly repair or rebuild the Project, or rearrange the Project <br />facilities, so as to make the same suitable for Lessee's and <br />Region ILI's use and all awards received from such condemnation of <br />title to less than substantially all of t!:e Project before the <br />t3onds and interest thereon 'nave been paid in full shall, when <br />received, become the property of Authority, and Lessee hereY~y <br />assigns and transfers (and agrees to cause to be assigned and <br />transferred by Region III} to Authority any and all awards granted <br />in connection with such condemnation, and such awards after <br />deducting all attorneys' fees and costs incurred by Authority in <br />connection with such condemnation, shall be forthwith delivered <br />and paid over to the Trustee for application by it in acccrdance <br />with the provisions of the Resolution. <br />Section 11.6 If the amount in the hands of the Trustee <br />available for that purpose shall be insufficient to pay in full the <br />cost o£ such xegairing or rebuilding of the Project or rearranging <br />of the Project facilities, Lessee shall nevertheless proceed to <br />complete the work as additional consideration hereunder (or cause <br />such work to be completed}, and shall provide and furnish all other <br />-24- <br />
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