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CCP 04-28-2009
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CCP 04-28-2009
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12/21/2018 10:50:12 PM
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4/24/2009 3:20:08 PM
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• <br />e) Insurance_ For such time as Owner occupies the Subject Property, Owner shall <br />maintain insurance as provided in Paragraph 11 of the Lease_ Owner shall receive <br />a credit towards the Final Payment for its costs to insure the Subject Property <br />during the time it occupies the Subject Property, but does not owe rent for the <br />Subject Property_ Upon the effective date of Owner's relinquishment of <br />possession of the Subject Property, City shall be responsible for insuring the <br />Subject Property and shall indemnify and hold Owner harmless from liability for <br />the claims of any third party related to or arising from the condition of the Subject <br />Property after the Owner relinquishes possession of the Subject Property to City. <br />f) Deduction from Final Pa ent. In the event Owner fails to pay said rent, real <br />estate taxes, or Utilities, or fails to vacate the Subject Property on or before the <br />date specified in this Section 2.09, City may deduct any amounts due and owing <br />by Owner from the Final Payment, and obtain an order of the above court <br />compelling delivery of the Subject Property to City. <br />2.10. Continuing Jurisdiction of the Court. In any event, Owner agrees that it will <br />vacate the Subject Property on or before June 30, 2009. Owners stipulate and agree that the <br />above Court shall retain jurisdiction of this matter_ Upon affidavit of counsel for City confirming <br />that Owner has failed to vacate the Subject Property by June 30, 2009, counsel for City may, <br />upon reasonable notice to Owner, request this Court to enter an order compelling Owner to <br />vacate the Subject Property pursuant to Minn. Stat. § 117.043 and the above Court may enter <br />such order in a form requested by counsel for the City. Either party may otherwise seek <br />enforcement of this Agreement, including the obligations of each party to make payments to the <br />other party, as provided in this Agreement, from the Court by motion and notice of motion in <br />accordance with the Rules of Civil Procedure. <br />2.11. Owner agrees that it will not rent, sublease or re -rent to a third party any portion <br />of the Subject Property after execution of this Agreement and will hold the City harmless, defend <br />and indemnify the City against the claims of all other respondents named herein, for any interest <br />which these respondents may claim in the Subject Property, and the claims of those respondents <br />IS <br />7 <br />
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