2006-03-08 CC Packet - Laserfiche WebLink

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I 10. AssItnllllent and SnbIettimL Landlord's Couse. Reauired. Tenant sball not voluntarily or ",,{ Deleted: . by operation &flaw usip; -subIet;-~ or-otherwise-1raDsfer-or 1lIIC1IDIber1lll or-any part- of-T-elJllllfs- ~:: - - - -1 Deleted: · interest in 1his Lease or in the Premises without Landlotd's prior written ccmsent. , .. . . ee> . 11. Landlnnl'. Iliold to IDsDect and ReDBir. Landlord or Landlord's agents, employees or representatives, sball have the right to enter into and upon aU or any part of the Premises during the Lease tam at all reasmable hours, for the purpose of (a) examination; (b) determination whether Tenant is in compliance with its obligations under this Lease; or (c) making repain, alterations, additions or improvements to the Premises, as may be necessary by reason of Tenant's fiillure to make same after notice to Tenant to do so, except in an ~8CI1C)'. This paragraph shaD not be deemed nor construed to create an obligation on the part of Landlord to make any inspection of the Premises or to make any repairs, I alterations, addi1ions or improvements to the Premises for its safety or preservation 12. ~D aDd Waiver ofl~i."". Neither Landlord nor Landlord's IndemDities sian be liable for and Tenant sbaD indemnifY and save barmless Landlord and Landlord's Indemuities trom and against any and all liabilities, damages, claims, suits, costs (mcluding costs of suit, attorneys' fees and costs of investigation) and actions of any kind, foreseen or unforeseen, arising or aneged to arise by reason of injury to or death of any person or damage to or loss of property, occurring on, ~ or about the Premises, or by reason of any other claim whatsoever of any person or party, occasioned, direcdy or indirectly, wholly or partly: (a) by any act or omission on the part of Tenant or any Tenant Representative; (b) by any breach, violation or non-performance of any covenant of Tenant under tbis Lease; or (c) by a I Disclarge of CoJdaminants as dermed herein duriog the Lease ~ If any action or proceeding shaD be brought by or against Landlord or any Landlord Indenmity in coonection with any such liability, claim, suit, cost, iqjury, death or damage, Tenant, on notice nom Landlord or any LancDord Indenmity, sban defend such action or proceeding, at Tenant's expense, by or through attorneys reasonably satisfactory to Landlord or the Landlord Indemnity. The provisions of this paragraph shaD apply to all activities of Tenant or any Tenant Representative with respect to the Premises, whether occurring before or after execution of this Lease. Tenant's obliptions under tbis paragraph shaD not be limited to the coverage of insurance tnAintAined or required to be 11I8iptAined by Tenant under this Lease. Neither Landlord nor any Landlord IndemDity sbaD be liable in any manner to Tenant or any Tenant Representative for any qury to or death of persODS or for any loss of or damage to property, regardless of whether such loss or damage is occasioned by casualty, theft or any other cause of whatsoever nature. In no event shall Landlord or any Landlord IndemDity be liable in any manner to Tenant or any Tenant Representative as the result of the acts or omissions of Tenant or a Tenant Representative and aD liability therefore shaD rest with Tenant. All I perscmaI property upon the Premises shaU be at the risk of Tenant only. Nothinf! within this AfD"eement shaD be construed to bind the Tenant from fuUv utilizim Tenant's rif!hts under anv insurance or liabilitv coverage available to Tenant. 13. eo...eJDD8tiolL (a) PennaneDt CondeDoudiolL (i) Le_ TennintJtlolL If aD or any portion of the Premises is taken under the power of eminent domain, or sold under the threat of the exercise of the power (both caned "Condemnation"), this Lease shaU terminate as to the part taken as of the first date the condemniDg authority takes either title or possession. If more then twenty-five (25%) percent of the leasable area of the Premises is taken or the balance of the Premises is unfit for Tenant's USCt Tenant bas the option to terminate this Lease as of the date the condenming authority takes possession. The option shall be exercised in writing as foUaws: (A) Notice of TI1Idntr. Within thirty (30) days after Landlord or the eondemning authority bas given Tenant written notice of the taking; or 10