01-25-2021 Council Packet - Laserfiche WebLink

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Tenant shall attorn to such assignee or other party and recognize such party as Landlord hereunder. Tenant shall execute, on demand, any reasonable attornment agreement required by any such party to be executed, containing such provisions and such other provisions as such party may require to the extent the same are consistent with this Lease. If Landlord, or any subsequent owner, sells the Leased Premises, its liability for the performance of its agreements in this Lease (excepting indemnifications obligations that survive the termination of this Lease) will end on the date of the sale of the Premises, and Tenant will look solely to the purchaser for the performance of those agreements. For the purposes of this Article, any holder of a mortgage or deed of trust that affects the Leased Premises at any time, and any landlord in any lease to which this Lease is subordinate at any time, will be a subsequent owner of the Leased Premises when it succeeds the interest of the Landlord or any subsequent owner of the Leased Premises. (b) Without the prior written consent of Landlord, which consent may be withheld at Landlord's sole discretion, Tenant shall not have the right to transfer, assign sublet or mortgage its leasehold interest, in whole or in part, its rights and obligations in the Leased Premises and the property referred to herein. If Landlord does consent in writing to such a transfer, assignment or sublease, it shall be on the condition that this Lease shall remain in full force and effect, subject to the performance of all terms, covenants and conditions and upon further condition that such assignee or transferee agrees to be bound to perform all the terms, covenants and conditions pursuant to this Lease. The use limitations set forth in Article 2 of this lease shall apply to any assignee, subtenant or transferee as well as to Tenant. Regardless of Landlord's consent, no subletting or assignment shall release Tenant of Tenant's obligation to pay the Rent and perform all other obligations to be performed by Tenant hereunder for the term of this Lease. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver of Landlord of any provision hereof or any right hereunder. Without the consent of the Landlord, any sublessee or assignee does not receive any interest in the Lease by virtue of a transfer from Tenant. ARTICLE 16. Hazardous Substances. (a) Tenant shall not store or use on the Leased Premises any toxic or hazardous substance including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls and any hazardous substance as defined in the Comprehensive and Environmental Resource Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §9601- 9657, as amended ("Hazardous Substances"). Notwithstanding the foregoing, Tenant may lawfully use and store such substances traditionally used in the curriculum of Tenant, provided such use and storage is in compliance with all laws, regulations and ordinances governing such use, storage and disposal. Tenant will be responsible for following precautions of other reasonable educators relating to the use of such materials including obtaining increased insurance coverage and safety training of its staff. If Tenant does store or use any Hazardous Substances as allowed herein, Tenant must provide 15 days prior written notice to Landlord of the types and amounts of such substances expected to be in use in the Leased Premises. Tenant shall not conduct any activity which would cause the Leased Premises to become a hazardous waste treatment, storage or disposal facility within the meaning of or otherwise bring the Leased Premises within the ambit of the Resource Conservation Recovery Act of 1976 ("RCRA"), 42 U.S.C. §6901 et. seq., as amended, or a similar state law or local ordinance or any other environmental law. Tenant shall not discharge into the air or into any water source or system any emissions which would require a permit under 12