- 11 - 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 ConstructionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011