FINAL ORDINANCE NO. 97-050 - Laserfiche WebLink

Home Browse Search

in a manner so as to minimize the impact on Lessee's business. (c) In the event of damage or destruction to the Leased Premises or to the premises leased under the Prime Lease, as described in Section 15 of the Prime Lease, or in the event of action of public authority as described in Section 17 of the Prime Lease, Lessor agrees it shall not terminate the Prime Lease without the prior written consent of Lessee, which consent shall not be unreasonably withheld. (d) Lessor shall perform its obligations as tenant under the Prime Lease in a timely and complete manner so that there shall be no default by tenant thereunder. Lessor warrants to Lessee that as of the Commencement Date, both landlord and tenant under the Prime Lease are in full compliance with the terms of the Prime Lease, and that in the event Lessor as tenant defaults or receives notice of an alleged default under the Prime Lease, or if it becomes aware of a default in the Prime Lease by the Prime Lessor as landlord, Lessor shall promptly notify Lessee of such occurrence. (e) Lessor shall provide janitorial service to those portions of the Leased Premises designated on Exhibit B for the joint use of Lessor and Lessee. These areas of the Leased Premises are the lounge and the restrooms. (f) Lessor warrants that Lessee shall be entitled to the use of the Common Areas, parking facilities, and ingress and egress rights described in the Prime Lease, in common with Lessor, the Prime Lessor, and other tenants of the shopping center described in the Prime Lease. (g) Lessor warrants and covenants that the Common Areas described in the Prime Lease, and those portions of the Leased Premises which are not for the exclusive use of, or within the exclusive control of, Lessee, are in full compliance with the terms and conditions of the Americans With Disabilities Act. 6. Waiver and Subrogation. Lessor and Lessee hereby release the other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property caused by fire or any of the extended coverage or supplementary contract casualties, even if such fire or other casualty shall have been caused by the fault or negligence of the other parry, or anyone for whom such party may be responsible. Provided, however, that this release shall be applicable and in force and effect only with respect to loss or damage occurring during such times as the releasing party's policies shall contain a clause or endorsement to the effect that any such release would not adversely affect or impair said policies or prejudice the right of the releasing party to recover thereunder. Lessor and Lessee agree that they will request their insurance carriers to include in their policies such a clause or endorsement and Lessor and Lessee agree to provide each other with written evidence of such clause or endorsement, upon request. 13