Repository: UIHistories Project: Board of Trustees Minutes - 1936 [PAGE 857]

EXTRACTED TEXT FROM PAGE:

854

BOARD OF TRUSTEES

[June 29

T W E L F T H : The Lessee shall permit the Lessor or its agents to enter the demised premises, at all reasonable hours, for the purpose of inspecting the same, or of making repairs that the Lessee may neglect or refuse to make, in accordance with agreements, conditions, covenants and terms hereof. T H I R T E E N T H : All the buildings, structures, improvements and fixtures now standing upon the demised premises, are the sole and absolute property of the Lessor, or shall be deemed such, and any building or buildings, structures, improvements, or fixtures that may be hereafter erected or placed on the demised premises or any part thereof, whether by the Lessor or the Lessee, during the life of this lease, shall be and immediately become the sole and absolute property of the Lessor for all purposes. F O U R T E E N T H : T h e Lessee covenants that it will not at any time question the title of the Lessor to the demised premises, and that it will at all times execute, or cause to be executed, by any persons having or claiming any interest in the demised premises or the buildings, structures, improvements, fixtures or other property thereon, such deeds, instruments of conveyance or assignment and other documents as may be necessary to convey or confirm to the Lessor hereunder all of the demised premises and such buildings, structures, improvements, fixtures and other property. F I F T E E N T H : No receipt of moneys by the Lessor from the Lessee, after the termination of this lease in any lawful manner, shall reinstate, continue or extend the life of this lease or affect any notice theretofore given to the Lessee, or operate as a waiver of the rights of the Lessor to enforce the payment of any Rent or additional Rent or Rents then due or thereafter falling due, or operate as a waiver of the right of the Lessor to enforce the payment of any Rent or additional Rent or Rents then due or thereafter falling due, or operate as a waiver of the right of the Lessor to recover possession of the demised premises by proper suit, action, proceeding, or remedy; it being agreed that, after the service of notice to terminate this lease, or the commencement of suit, action or summary proceedings, or any other remedy, or after final order or judgment for the possession of the said demised premises, the Lessor may demand, receive and collect any moneys due, or thereafter falling due, without in any manner affecting such notice, proceeding, suit, action, order or judgment; and any and all such moneys collected shall be deemed to be payments on account of the use and occupation of the said demised premises or, at the election of the Lessor, on account of the Lessee's liability hereunder. T h e failure of the Lessor to enforce any agreement, condition, covenant or term, by reason of its breach by the Lessee after notice had, shall not be deemed to void or affect the right of the Lessor to enforce the same or any other agreement, condition, covenant or term on the occasion of a subsequent default or breach. S I X T E E N T H : T h e Lessor, the Lessee and the Trustee have entered into a Construction Fund Agreement dated as of April 7, 1936 which requires that there be deposited with the Trustee in certain Construction Funds all the proceeds of the Bonds issued by the Lessor and all of the proceeds of the Grant received by the Lessee from the United States of America. T h e moneys in said Construction Funds are to be used and disbursed in the manner and for the purposes provided in said Construction Fund Agreement including (among other things) the construction and completion of the Medical and Dental College Building. T h e Lessee hereby certifies that it has examined and is fully familiar with the plans, drawings, specifications and construction contracts relating to the construction of the Medical and Dental College Building, and hereby ratifies and approves said plans, drawings, specifications and construction contracts. T h e Lessee enters into this lease and accepts the demise of the aforesaid premises with the Medical and Dental College Building thereon in its present state of partial construction, without any representations, statements or warranties, express or implied, in respect of the time or manner of completion of said Medical and Dental College Building or the use or occupation that may be made thereof.