2023/12/20 Council Agenda Packet

Page 9 of 16 inconsistent with or contrary to Law or Public Policy, including but not limited to, 2 U.S.C. § 6317 (Home State office space for Senators; Lease of office space); 28 U.S.C. §§ 2671-2680 (Federal Tort Claims Act); 31 U.S. Code § 3727 (Assignment of Claims Act); 41 U.S. Code § 6305 (Anti-Assignment Act); and 31 U.S.C. §§ 1341, 1517(a) (Anti- deficiency Act), shall be null and void. 32. TERMS SEPARATE AND INDEPENDENT: Each covenant, agreement, obligation, term, condition, section, or other provision contained in this Lease shall be deemed and construed as a separate and independent covenant of the Party bound by, undertaking or making the same, not dependent on any other provision of this Lease unless otherwise expressly provided. All of the terms and conditions set forth in this Lease shall apply throughout the Term unless otherwise expressly set forth herein. 33. TIME IS OF THE ESSENCE: Time is of the essence with respect to each and every provision of this Lease including delivery of the leased Premises. 34. ENFORCEABILITY: If any provisions of this Lease shall be declared unenforceable in any respect, such unenforceability shall not affect any other provision of this Lease, and each such provision shall be deemed to be modified, if possible, in such a manner as to render it enforceable and to preserve to the extent possible the intent of the Parties as set forth herein. This Lease shall be construed and enforced in accordance with the laws of the state in which the Property is located. 35. FORCE MAJEURE: Neither Party to this Lease shall be liable for non-performance of any obligation under this Lease if such non-performance is caused by a Force Majeure event. "Force Majeure" means an unforeseeable cause beyond the control of and without the negligence of the party claiming Force Majeure, including, but not limited to, fire, flood, other severe weather, acts of God, labor strikes, interruption of utility services, war, acts of terrorism, and other unforeseeable accidents. If the Building in which the Leased Premises are located is totally destroyed or damaged by fire, flood, natural disaster, or other casualty, this Lease shall immediately terminate. If the Building in which the Premises are located or the Common Areas providing access to the Leased Premises are only partially destroyed or damaged, so as to render the Leased Premises untenantable, unsafe, or not suitable for Tenant’s full use and enjoyment of the Leased Premises for the intended purpose, the Landlord shall have the option to elect to repair and restore the Leased Premises and Property or terminate the Lease. The Landlord shall be permitted a reasonable amount of time, not to exceed sixty (60) days from the event of destruction or damage, to repair or restore the Leased Premises and Property, provided that the Landlord submits to the Tenant and the United States Senate Sergeant at Arms a reasonable schedule for repair of the Leased Premises and Property within thirty (30) days of the event of destruction or damage. If the Landlord fails to timely submit a reasonable schedule for completing the work, the Tenant or the United States Senate Sergeant at Arms may elect to terminate the Lease effective as of the date of the event of destruction or damage. If the Landlord elects to repair or restore the Leased Premises and Property, but fails to repair or restore the Leased Premises and Property within sixty (60) days from the event of destruction or damage, or fails to diligently pursue such repairs or restoration so as to render timely completion commercially impracticable, the Tenant or the United States Sergeant at Arms may terminate the Lease effective as of the date of the destruction or damage. During the time that the Leased Premises are unoccupied by Tenant, rent shall be abated. 36. COMMON AREA: Landlord grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers, and invitees, during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the Common Areas of the Building as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of the Building. Tenant shall not be responsible for any costs associated with the use, maintenance, or improvements of the Common Areas. 37. CHANGED CIRCUMSTANCES: In the event that the Landlord makes or encounters adjustments during the term of this Lease, such as, but not limited to, building hours, access policies, security enhancements, building upgrades, or infrastructure improvements, that result in or require an increased cost or “pass through” will not be charged to the Tenant.