2022/05/18 Council Agenda Packet

presence of any hazardous or toxic substances on the Premises, except for such substances as may be placed on the Premises by the Lessee. Lessee shall not keep upon or about the Premises for use, disposal, treatment, generation, storage, demonstration or sale any substances that are hazardous, toxic harmful or dangerous, and/or which are subject to regulation as hazardous or toxic, dangerous, or as a pollutant by any federal, state, or local law, regulation, statute, or ordinance (collectively referred to as "hazardous substances"). Lessee shall be responsible for any and all damages, costs, fees (including attorney's fees and costs), civil and criminal penalties, or clean-up costs assessed against or imposed as a result of Lessee's use, disposal, generation, storage, demonstration or sale of hazardous substances or that of Lessee's employees, agents or invitees. Breach of this provision shall entitle Lessor to terminate this Lease. ADDITIONAL LEASE PROVISIONS 19. Except for those specific items identified under Sections 20-22, it is agreed that the Lessee has inspected the premises and accepts the premises "as -is" and that Lessor is not required to make any changes to the premises that is the subject of this Lease. 20. If applicable, Lessor shall make all reasonable efforts to mitigate or repair those items identified on attached "Exhibit B". 21. Lessor shall install and maintain carbon monoxide detectors in the lease space. 22. Lessor shall respond to air quality complaints within 24 hours. Lessor will be responsible for performing investigation and/or testing. Lessor will be responsible for performing testing and resolution in response to any said complaints that are unresolved within a 72-hour period. Lessee shall reimburse the lessor for testing that does not reveal air quality outside safety standards. WITHHOLDING OF RENT PAYMENTS 23. If the Lessor fails to maintain the premises the Lessee may withhold ten percent (10%) of rent payments until such time as Lessor completes deficient maintenance, repair and/or improvements that may be required. Lessee shall provide Lessor with a list of deficient maintenance, repair and/or improvement items and notify Lessor that Lessee will withhold rent payment until deficient maintenance, repair and/or improvements have been completed. Lessee shall place all withheld rent payments in an interest -bearing account. Withheld rent payments plus accrued interest will be remitted to Lessor after Lessee has verified that Lessor has satisfactorily completed all maintenance, repair and/or improvements. Nothing in this provision shall limit other remedies which may be available to Lessee under this Lease. CONDEMNATION 24. Entire Taking If all of the Premises, or such portions of the Premises or of the Building as may be required for the reasonable use of the Premises, are taken by eminent domain or under threat of eminent domain, this Lease shall automatically terminate as of the date title vests in the condemning authority and all Rent, Additional Rent and other payments shall be paid to that date. Page 16 LEASE AGREEMENT