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2022/05/18 Council Agenda Packet
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2022/05/18 Council Agenda Packet
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Council Agenda Packet
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5/18/2022
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14. In the event the leased premises are destroyed or injured by fire, earthquake or other <br />casualty so as to render the premises unfit for occupancy, and the Lessor(s) neglects and/or refuses to <br />restore said premises to their former condition, then the Lessee may terminate this Lease and shall be <br />reimbursed for any unearned rent that has been paid. I n the event said premises are partially destroyed <br />by any of the aforesaid means, the rent herein agreed to be paid shall be abated from the time of <br />occurrence of such destruction or injury until the premises are again restored to their former condition, <br />and any rent paid by the Lessee during the period of abatement shall be credited upon the next <br />installment(s) of rent to be paid. It is understood that the terms "abated" and "abatement" mean a pro <br />rata reduction of area unsuitable for occupancy due to casualty loss in relation to the total rented area. <br />Except as otherwise expressly provided by this Lease. Lessor shall not be liable to Lessee for any <br />damages, including, but not limited to consequential damages, for all events, actions, or inaction that <br />are beyond Lessor's reasonable control, including but not limited to, interruption or loss of business due <br />to acts of war or terrorism, strikes or labor unrest, weather, disaster, catastrophe, flood or earthquake. <br />NO GUARANTEES <br />15. It is understood that no guarantees, express or implied, representations, promises or <br />statements have been made by the Lessee unless endorsed herein in writing. And it is further <br />understood that this Lease shall not be valid and binding, unless same has been approved by the CEO of <br />Workforce Development Council Snohomish County or his or her designee. Any amendment or <br />modification of this Lease must be in writing and signed by both parties. <br />LEGAL RELATIONS <br />16. Each party to this Lease shall be responsible for injury to persons or damage to property <br />resulting from negligence on the part of itself, its employees, its agents, or its officers. Each party to this <br />Lease (Indemnifying Party) shall indemnify and defend the other party to this Lease from and against all <br />claims asserted by persons not parties to this Lease, arising from or relating to the Indemnifying Parties <br />breach of this Lease, negligence, intentional misconduct, or violation of law. Neither party assumes any <br />responsibility to the other party for the consequences of any act or omission of any third party. <br />REIMBURSEMENT FOR DAMAGE TO PREMISES <br />17. The Lessee hereby agrees to reimburse the Lessor for damages caused by the negligence of <br />its employees, clients and agents, but in no event shall this paragraph be construed as diminishing the <br />Lessor's duty to make repairs as set forth in preceding paragraphs of this Lease, or as making Lessee <br />responsible for the repair of normal wear and tear. <br />HAZARDOUS SUBSTANCES <br />18. Lessor warrants to his/her knowledge that no hazardous substance, toxic waste, or other <br />toxic substance has been produced, disposed of, or is or has been kept on the premises hereby leased <br />which if found on the property would subject the owner or user to any damages, penalty, or liability <br />under an applicable local, state or federal law or regulation. Lessee acknowledges that Lessor <br />encountered some contaminated soils during construction of the Building as referenced in the State of <br />Washington's Department of Ecology letter to the City dated April 20,1998. Lessor represents that it <br />remedied such contaminated soils as required by existing law. Lessor shall indemnify and hold harmless <br />the Lessee with respect to any and all damages, costs, attorneys' fees, and penalties arising from the <br />Page 5 LEASE AGREEMENT <br />
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