Laserfiche WebLink
23. TENANT ASSIGNMENT. Tenant shall not assign, transfer, encumber, or sublease this <br /> Lease without the prior written consent of Landlord, which shall not be unreasonably <br /> withheld.Any request for Landlord's consent to any proposed assignment or sublease shall <br /> be accompanied by an administrative fee in the amount of$2,500. Notwithstanding the <br /> foregoing, without Landlord's consent but with written notice from Tenant, Tenant may <br /> assign the Lease to (i) the City of Everett or ii a person or entity who owns, is owned by, <br /> or is under common control with Tenant or to which acquires substantially all of the assets <br /> or stock of Tenant(a transferee under(i) or(ii), a"Permitted Transferee"). Assignment to <br /> a Permitted Transferee shall not release Tenant from its obligations under the Lease. <br /> 3. City's Rights Regarding Tenant Default. If Tenant defaults under the Lease, <br /> Landlord shall give the City a copy of the written notice given to Tenant specifying the default <br /> which notice shall be delivered to the City's address in Section 1 of this Amendment, and the City <br /> shall be given the opportunity, without assuming or undertaking any of Tenant's obligations, to <br /> cure such default. The City shall have the same rights to cure such defaults under the same <br /> timeframes as the Tenant does in the Lease. No additional time shall be given to the City to cure <br /> Tenant defaults. During such cure period, Landlord shall not terminate the Lease and shall not <br /> exercise any other remedy under the Lease with respect to such default. <br /> 4. No Lease Amendment without City Notice. At least 10 days prior to signing any <br /> amendment or modification to the Lease, either Landlord or Tenant shall provide the City a copy <br /> of the proposed amendment. <br /> 5. Permitted Use. The definition on page 2 of the Lease for "Permitted Use" is <br /> amended by adding the underlined text as follows: <br /> Permitted Use: shall mean for the operation of a Vera Whole Health or City of <br /> Everett medical clinic and office offering primary medical care services (which, <br /> without limitation, shall not include invasive surgeries)to humans by appointment <br /> and on an"urgent care" basis, and for no other use. <br /> Tenant shall not operate in violation of any of the exclusive and use restrictions <br /> attached below and incorporated herein as Exhibit D; provided that <br /> notwithstanding anything to the contrary in Exhibit D, including, without <br /> limitation,the references to medical, dental and other restrictions in the"no-build <br /> zone"described in the reference to "Qualify Food Centers" on Exhibit D, Tenant <br /> shall be entitled and permitted to use the Premises for the Permitted Use described <br /> above. <br /> The interpretation of the Permitted Use shall be narrowly and strictly construed. <br /> 6. City Co-Responsibility for Certain Rent. In exchange for the Lease amendments <br /> hereunder, the City agrees that it will be jointly and severally liable with Tenant to Landlord for <br /> (A)payment of Fixed Minimum Rent when due under the Lease and(B)payment when due under <br /> the Lease of Tenant's Proportionate Share of (i) CAM, (ii) real estate taxes for the Shopping <br /> Center, and(iii) insurance as carried by Landlord for the Shopping Center(such Section 6(A) and <br /> (B) payments being together referred to herein as, "City Rent"). The City has no other liability, <br /> responsibility or obligation of any kind or nature under the Lease other than the City's agreement <br />