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RAILWORKS TRACK SERVICES, INC
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Last modified
8/19/2024 9:48:16 AM
Creation date
4/25/2022 10:11:09 AM
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Contracts
Company Name
RAILWORKS TRACK SERVICES, INC
Contract #
A-2022-012
Agency
Public Works
Council Approval Date
2/1/2022
Expiration Date
1/31/2023
Insurance Exp Date
4/1/2024
Destruction Year
2028
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entire Premises shall be made tenantable by Landlord's diligent repair within sixty (60) <br />days following the fire or casualty incident. <br />(c) Except where Landlord is not obligated to repair or rebuild the Building or <br />the Premises, Landlord will use due diligence to repair or rebuild the same (except that <br />Landlord will have no obligation to repair or replace any alteration, addition, or <br />improvements to the Premises other than the Tenant Improvements installed at Landlord's <br />expense which will be repaired only to the level of Building Standard Improvements). <br />(d) In the event of W the total destruction of the Premises, (ii) the partial <br />destruction of the Premises or the Building where the same is so damaged that it cannot, in <br />Landlord's reasonable opinion, be repaired within sixty (60) days of the occurrence of <br />such damage, or (iii) damage or destruction as a result of any casualty for which insurance <br />proceeds are not available to pay 100% of the cost of repair or rebuilding, Landlord will <br />have no obligation to repair or rebuild the Premises or the Building. o Ynoccurrence ill Make <br />its determination whether to repair or rebuild within sixty (60) day <br />such damage or destruction. Upon notification to Tenant of Landlord's decision not to <br />repair or rebuild, this Lease shall terminate. In such an event, Tenant shall be reimbursed <br />by Landlord any rent monies transferred <br />s afterfrom <br />the Tenatermint t on to n loe d during this sixty (60) <br />day period within fourteen (14) y <br />19, EMINENT DOMAIN: (a) if (i) all or part of the Premises, the building located <br />thereon, or (ii) so much of any rights in the Premises or the building located thereon shall be <br />taken or appropriated under any right of eminent domain or under any other legal right whereby <br />the taking authority is obligated to compensate Landlord therefor so that there does not remain <br />enant for the operation of its business, then Tenant may <br />premises suitable in the sole opinion of Tdate <br />terminate and cancel this Lease without owingLandlord <br />any liabilityivin to Lant <br />Landlord written ' <br />notice Of <br />the condemning authority takes physical possession upon g g <br />such election. Landlord <br />eestimme Tenanly t within <br />ten notice ) thereof, providing to Tenant fuiys after any notice of ll or <br />actual taking or appropriationg <br />limitation copies of all conemnation <br />plans orr surveys submitted bypthe condemning authorwithout details of such taking or authority, statement of the nature ofthe project <br />to be conducted by the condemning authority, and such other information as might be necessary <br />to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGES <br />THAT LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE <br />UNDER ANY THIS PARAGRAPH SHALL NOT ENTITLE TENANT TO ANY RIGHTS <br />OR CLAIMS FOR RELOCATION BENEFITS OR ANY OTHER CLAIMS RELATED <br />TO CONDEMNATION OR INVERSE CONDEMNATION. <br />anceled as a result of any taking or <br />(b) If this Lease shall be terminated and c <br />appropriation, Tenant shall <br />bered d from be prorated further <br />Landlord shaIl immediately refundility and Rent and other sums to <br />ro the <br />last month of Tenant's Occupancy sha <br />Tenant any sums paid in advance. <br />l-9 <br />
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