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Lessee free of trust.
15. Condemnation.
(a) Entire Condemnation. If at any time during
the Term hereof all or substantially all of the Parcel
and the Improvements shall be taken in the exercise of
the power of eminent domain by any sovereign, munici-
pality or other public or private authority, then this
Lease shall terminate on the date of taking of posses-
sion by such authority. Substantially all of the
Parcel and the Improvements shall be deemed to have
been taken if the remaining Improvements cannot
feasibly be repaired and restored so that they shall
constitute a complete structural unit or units which
can be operated as a day care facility on an economi-
cally feasible basis under the provisions hereof. The
award or awards for any such taking of all or substan-
tially all of the Parcel and the Improvements shall be
paid to the Lessor.
* * * * * * *
30. Obligations Upon Termination. Lessee shall,
upon any termination hereof prior to the expiration of
the Term, well and truly surrender and deliver up the
Demised Premises into the possession and use of Lessor,
without fraud or delay and in good order, condition and
repair, ordinary wear and tear excepted, free and clear
of all lettings and occupancies and free and clear of
all encumbrances other than those existing on the date
hereof and those, if any, created by Lessor without any
payment or allowance whatever by Lessor.
* * * * * * *
36. Governing Law. This Lease shall be governed
by and subject to the laws of the state [Ohio] in which
the Facility is located. [Reproduced literally.]
On May 15, 1997, shortly after the effective date of the
April 21, 1997 lease, TMC entered into a contract (May 15, 1997
construction contract) with Stone Oak Construction, Inc. (Stone
Oak Construction). Under that contract, Stone Oak Construction
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Last modified: May 25, 2011