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RecDoc 2016-063770 City Center Plaza
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RecDoc 2016-063770 City Center Plaza
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Last modified
8/11/2016 3:50:29 PM
Creation date
8/11/2016 3:46:39 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Assignment, Assumption and Modification Agreement
Doc Num
2016-063770
Rec Date
6/30/2016
APN
053-400-030-2
Address
City Center Plaza
Parties
Mezes Court Associates, A CA Limited Partnership,
Reso Ref
15455
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a <br /> and management of contractors and subcontractors to perform the Restoration, and the design <br /> and implementation of the Restoration. If there is a dispute regarding such coordination that <br /> cannot be resolved by the Parties the dispute shall be referred to Arbitration as set forth in Article <br /> 11 . <br /> (3) Notwithstanding anything herein to the contrary, if all or any <br /> portion of the Improvements on any Parcel is damaged or destroyed, the Restoration obligation <br /> of each Owner shall not exceed the amount of proceeds actually received by such Owner (and <br /> made available by its Mortgagee) under insurance required to be carried hereunder, plus the <br /> amount of any deductible provided under such insurance as provided in section 8. 1 (together, the <br /> "Available Funds"); provided, however, that: <br /> (a) Each Owner shall undertake and complete in accordance <br /> with this REA, such Restoration as may be required to ensure a safe and non-hazardous <br /> condition of the Improvements on its Parcel in accordance with Section 5.3 and as necessary to <br /> comply with any covenants or agreements, if any, to provide lateral support or subjacent support <br /> for improvements located on parcels adjoining the Property ("Essential Restoration") regardless <br /> of the amount of such Available Funds; <br /> (b) If the amount of Available Funds exceeds the cost of <br /> Essential Restoration, then in addition to Essential Restoration, each Owner shall undertake and <br /> complete in accordance with this REA, to the extent of such excess Available Funds, Restoration <br /> (other than Essential Restoration) to conserve or protect damaged Improvements and remove <br /> debris (together, "Minimum Restoration"); <br /> 4 <br />
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