2023/12/20 Council Agenda Packet

Page 6 of 16 injury or loss arising under this Lease due to the negligent or wrongful act or omission of Tenant or any of Tenant's employees acting within an official scope and capacity. Tenant, the United States Sergeant at Arms, and their agents, employees or invitees, shall not be required to provide any certificates of insurance to Landlord. Landlord further agrees that neither the Tenant nor the United States Senate, nor any of the United States Senate’s officers or employees will indemnify or hold harmless the Landlord against any liability of the Landlord to any third party claim that may arise during or as a result of the Lease or Tenant’s occupancy. Landlord hereby indemnifies and agrees to defend and hold harmless the Tenant and all of its officers, agents and servants harmless from claims for personal injury, death or property damage, caused by the negligence or willful misconduct of the Landlord, its agents, employees or invitees; and from all claims, demands, fines, penalties, charges and orders, judgments and enforcement actions of any kind, and all costs and expenses incurred in connection with claims arising out of Hazardous Substances, the presence on the Property of any Hazardous Substances or any spilling, leaking, pumping or other release into the environment (collectively a “Discharge”) of any Hazardous Substance from the Property in violation of any Environmental Laws, or any activity by Landlord or any predecessors in title to the Property regarding the handling, storage or disposition of Hazardous Substances at any time present on or under the Property. 18. COMPLIANCE: During the term, Landlord shall comply with all applicable Federal, State and local laws and regulations regarding the Building, Common Areas, Leased Premises, and the Property, including without limitation laws and regulations applicable to the construction, ownership, alteration or operation of all buildings, structures, and facilities located thereon, as well as all applicable environmental laws and with the Americans with Disabilities Act of 1990 and regulations issued pursuant thereto (the “ADA”). Landlord shall comply with and perform both the Landlord’s obligations, if any, as a public accommodation pursuant to Title III of the ADA and the Tenant’s obligations as a public entity pursuant to Title II of the ADA for the Leased Premises and all common areas that service the Leased Premises. Landlord shall obtain all necessary permits, licenses and similar items at its own expense. Landlord certifies that the Property, including the Leased Premises, are or will be free of asbestos or non-contained asbestos on the commencement date and remain so throughout the term of the Lease. If an asbestos inspection has been conducted, Landlord shall furnish a copy to the Senate Sergeant at Arms upon request. Landlord shall certify that the Building or Premises have not been used for the storage or disposal of any toxic or hazardous substances and the Landlord has received no notice from any governmental authority concerning removal of any toxic or hazardous substances from the Property. Tenant shall comply with all Federal, State and local laws applicable to and enforceable against it as a tenant under this lease, provided that nothing in this Lease shall be construed as a waiver of the sovereign immunity of the Government. This lease shall be governed by Federal law. Tenant will comply, and will cause its employees and agents to comply, with the Building Rules to the extent that the Building Rules do not interfere, conflict or unreasonably restrict the intended use of the Leased Premises or pose a risk to personal safety. 19. SIGNS: The Landlord shall provide and pay for standard and suitable Building and suite signage which designates the Senator’s office in accordance with Tenant’s specifications. Landlord, at Tenant’s request, shall include the Tenant's name in all Building directories throughout the Building at no cost to the Tenant. Changes to such directory shall be at no additional cost to the Tenant. Tenant shall maintain all signs installed by Tenant in good condition and in compliance with all applicable federal, state, and local laws and regulations and the Building Rules. Landlord agrees to permit the conspicuous posting of sign(s) in the Building and/or Leased Premises required by statute or regulation for Federal facilities, including but not limited to, notice of the provisions of 18 U.S.C. § 930 (h) concerning the possession of firearms or other dangerous weapons in Federal facilities. 20. SECURITY: The Landlord shall provide and pay for security in accordance with Building standards, including adequate lighting in parking areas. Landlord hereby provides authorization for Tenant to continue to provide and/or install security enhancements, and the temporary deployment of armed security guards to the Leased Premises at Tenant’s sole cost and expense, but subject to Landlord’s reasonable approval. Tenant shall not be required to return the Leased Premises to their original condition upon the termination or expiration of this Lease. Tenant shall be permitted to contract an armed federal security guard for the Leased Premises through the Department of Homeland Security Federal Protective Services program, on a temporary basis, if needed, at Tenant's sole cost and expense. 21. CAPITAL IMPROVEMENTS: Capital improvements to the Leased Premises shall be made only upon written application to and/or written approval of the Landlord, which shall not be unreasonably withheld. Any improvement, physical modification, or other alteration so requested by the Tenant or required by state or local code/law after initial occupancy shall be at Landlord’s expense. All improvements shall be made in good workmanlike manner, and in accordance with all state and local Building codes and in accordance with the American with Disabilities Act of 1990.