HomeMy WebLinkAbout430 S COLLEGE AVE - CORRESPONDENCE - 1/28/2005 (17)the State of Colorado, its departments, institutions, political
subdivisions, agencies, boards, officials and employees is
controlled and limited by the provisions of 24-10-101, et seq.,
C.R.S., as amended and 24-30-1501, et seq., C.R.S. as amended. Any
provision of this Lease, whether or not incorporated herein by
reference, shall be controlled, limited and otherwise modified so
as to limit any liability of the Parties to the above cited laws.
13. Damage Destruction and Condemnation. If the Property
shall be taken by right of eminent domain, in whole or in part,
then this Lease, at the option of either party, shall forthwith
cease and terminate and in such event the entire damages which may
be awarded for such taking shall be apportioned between the City
and CSU, it being agreed that CSU's interest in such award shall be
limited to the refund of all rents paid by CSU pursuant to
paragraph five (5) hereof.
In the event the Property is rendered untenantable or unfit
for CSU's purposes by fire or other casualty, this Lease will
immediately terminate. In the event the Property is damaged by
fire or other casualty so that there is partial destruction of the
Property or such damage as to render the Property partially
untenantable or partially unfit for CSU's purposes, either party
may, within five (5) days of such occurrence, terminate this Lease
by giving written notice to the other party. Such termination
shall be effective not less than fifteen (15) days from the date of
mailing of the notice.
14. Disclaimer of Warranties. CSU shall take the Property in
its "as is" condition. The City makes no warranty or
representation, either express or implied, as to the value, design,
condition or merchantability of the Property or its fitness for any
particular use. In no event shall the City be liable for any
incidental, indirect, special or consequential damages in
connection with or arising out of the furnishing, functioning or
the use of the Property by CSU.
15. Requirements of Law. During the Lease term, CSU shall
observe and comply promptly with all then applicable current and
future laws, ordinances, resolutions, orders, covenants,
restrictions, rules and regulations of the federal, state and local
governments, and of all courts or other governmental authorities
having jurisdiction over the Property or any portion thereof,
whether the same are in force at the commencement of the Lease term
or may be in the future passed, enacted or directed, excepting and
excluding however, compliance with any environmental laws for which
the City has expressly retained responsibility.
16. Assignment and Subleasing. CSU shall not assign this
Lease in whole or in part and shall not sublease all or any part of
the Property.
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