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01-25-2021 Council Packet
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01-25-2021 Council Packet
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11/30/2021 8:56:24 AM
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City Council
Council Document Type
Council Packet
Meeting Date
01/25/2021
Council Meeting Type
Regular
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as to the entire square footage of the Leased Premises. The period of abatement shall be from the <br />date of the casualty loss to the date the entire amount of square footage occupied by Tenant <br />becomes tenantable. <br />(c) In the event of the election to terminate, this Lease shall be deemed to terminate on the date <br />of the receipt of the notice of election and all Rent shall be paid up to the date of casualty. Tenant <br />shall have no claim against Landlord for the value of any unexpired term of this Lease. <br />(d) In the event this Lease is not terminated in accordance with Article 9, paragraph (a), above, <br />all insurance proceeds (except for Tenant's insurance covering Tenant's leasehold improvements, <br />personal property and trade fixtures and business continuation coverage) shall be assigned to <br />Landlord to cover the cost of repair or to compensate Landlord for its loss. <br />ARTICLE 10. Signs. <br />Tenant must receive Landlord's permission for the design, location and wording for the erection of <br />any exterior signage and the Tenant shall be solely responsible for the maintenance of any signage <br />approved and installed. All signs must comply with any and all governmental regulations. The <br />foregoing restriction does not apply to materials or signs placed on interior walls within the Leased <br />Premises that (a) are used to designate rooms and or office locations, or (b) relate to the educational <br />function of Tenant's childcare center operation, or to temporary banners or placards used by Tenant <br />in connection with special childcare center activities. Tenant is responsible for all costs associated <br />with manufacture, installation and removal of all signage related to their childcare center. Removal <br />includes all necessary repairs to building walls and infrastructure so as to have as minimal structural <br />and aesthetic impact as possible. <br />ARTICLE 11. Security. <br />Tenant is solely responsible for the security and safety of its faculty, children, students, guests and <br />invitees. Tenant may make alterations to the Leased Premises as it may from time to time require <br />for security and safety purposes, provided that Tenant is solely responsible for all costs thereof and <br />such alterations are completed in accordance with Article 5 including the receipt of Landlord's prior <br />written consent. Any alterations made or policies instituted herein by Tenant shall not unreasonably <br />interfere with Landlord's reserved uses of the Leased Premises (including common areas). <br />ARTICLE 12. Liability/Indemnification. <br />Tenant agrees that Landlord and its officers and employees shall not be liable to Tenant for any <br />damage to or loss of personal property in the Leased Premises unless such damage or loss is the <br />result of the Landlord's breach of this Lease or the negligence, gross negligence or willful <br />misconduct of Landlord or its officers, agent, employees, contractors or subcontractors. <br />Notwithstanding anything to the contrary, the Tenant accepts the Leased Premises "as is", with all <br />faults and the failure of the Leased Premises to currently comply with any safety, building or fire <br />code, including, but limited to, the Americans with Disabilities Act shall not constitute negligence <br />or willful misconduct of Landlord or its officers, agents, employees, contractors or subcontractors. <br />Tenant also agrees that Landlord shall not be liable to Tenant, those claiming through or under <br />Tenant, or any third party, for any injury, death or property damage occurring in, on or about the <br />9 <br />
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