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2017-04-10_REVISION - M1987164 (3)
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2017-04-10_REVISION - M1987164 (3)
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Entry Properties
Last modified
6/16/2021 2:21:15 PM
Creation date
7/19/2017 11:18:35 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1987164
IBM Index Class Name
REVISION
Doc Date
4/10/2017
Doc Name
Application
From
Connell/Oldcastle
To
DRMS
Type & Sequence
SO2
Email Name
ACY
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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reports, and other documents received by Connell or that are or in its possession or control relating to <br /> Environmental Requirements concerning the Premises. <br /> 11. LIENS. <br /> (a) CWH and Connell will not allow the Premises to become encumbered by any <br /> Encumbrance,mortgage,lien,claim or like impairment of title unless the instrument or instruments creating <br /> or suffering the creation of such impairment of title shall(i)acknowledge that such impairment of title shall <br /> be inferior and subordinate to this Lease upon commercially reasonably terms acceptable by the lender,or <br /> (ii)include a subordination and non-disturbance provision reasonably acceptable to Tenant. <br /> (b) Tenant will not permit any mechanic's lien or liens to be placed upon the <br /> Premises that are caused by or resulting from any work performed, materials furnished or obligation <br /> incurred by or at the request of Tenant,and in the case of the filing of any such lien Tenant will promptly <br /> pay same or,after 30 days'written notice,CWH may pay same or undertake any action which CWH deems <br /> necessary to cause such lien to be released. In the event CWH satisfies such lien or undertakes such action <br /> to cause such lien to be released,Tenant will reimburse CWH for the reasonable cost so incurred by CWH <br /> immediately upon demand therefor. Notwithstanding the foregoing,if Tenant shall,in good faith,contest <br /> the validity of any such lien, then Tenant shall, after prior written notice to CWH, at its sole cost and <br /> expense,defend itself and CWH against the same and shall pay and satisfy any such adverse judgment that <br /> may be rendered thereon before the enforcement thereof against CWH or the Premises. <br /> 12. BROKERAGE. Tenant, CWH, and Connell warrant that they have had no dealings with <br /> any broker or agent in connection with the negotiation or execution of this Lease and each of them agree to <br /> indemnify each other against all costs,expenses, attorneys' fees or other liability for commissions or other <br /> compensation or charges claimed by any broker or agent claiming the same. <br /> 13. ESTOPPEL CERTIFICATES. CWH and Connell, on the one hand, and Tenant, on the <br /> other hand, agree to furnish from time to time, as and when requested by the other, a signed certificate <br /> confirming and containing such factual certifications and representations deemed appropriate by the <br /> requesting party,and the recipient of such request shall,within 20 days following receipt of said proposed <br /> certificate,return a fully-executed copy of said certificate with such changes and revisions as are necessary <br /> to certify such factual certifications and representations to the requesting party. In the event the party to <br /> whom such a request is made shall fail to return a fully-executed copy of such certificate to the requesting <br /> party within the foregoing 20-day period,then the party to whom such request was made shall be deemed <br /> to have approved and confirmed all of the terms, certifications and representations contained in such <br /> certificate. <br /> 14. PERMITS. Subject to Sections 2(b) and 2(c), Tenant shall maintain all licenses,permits <br /> and any other authorizations from federal,state and local governments that are necessary with respect to its <br /> use of the Premises. <br /> 15. NOTICES. Any notice or document required to be delivered hereunder shall be deemed <br /> to be delivered if actually received and whether or not received when deposited in the United States mail, <br /> postage prepaid, certified or registered mail (with or without return receipt requested) or via overnight <br /> delivery by national carrier addressed to the parties hereto at address set forth below or at such other address <br /> that may be designated by written notice delivered in accordance herewith: <br /> If to Tenant: Oldcastle SW Group,Inc. <br /> 2273 River Road <br /> Grand Junction,CO 81515 <br /> Attention: Rich Umbel,President <br /> If to CWH CWH Properties LLC <br /> 7 <br />
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