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2025/09/24 Council Agenda Packet
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2025/09/24 Council Agenda Packet
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Council Agenda Packet
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9/24/2025
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15 <br />(a) No Brokers. Landlord and Tenant warrant to one another that neither has <br />engaged a broker in connection with this Lease and agree to indemnify the other if a claim for a <br />fee or commission arises in connection with this transaction as a result of such indemnifying <br />parties' activities. <br />(b) Not Used. <br />(c) Estoppel Certificates. Tenant shall, at any time, on not less than ten (10) <br />days prior written notice from Landlord, sign and deliver to Landlord a statement in writing <br />(i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the <br />nature of such modification and certifying that this Lease, as so modifie d, is in full force and <br />effect), (ii) the date to which the rent, security deposit, and other charges are paid in advance, if <br />any, and (iii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on <br />the part of Landlord or Tenant under this Lease, or specifying such defaults, if any, which are <br />claimed. Any such statement may be conclusively relied upon by any prospective purchaser or <br />encumbrancer of the Leased Premises or Building. Tenant's failure to deliver such statement <br />within such time period shall be conclusive upon Tenant that (x) this Lease is in full force and <br />effect, without modification except as may be represented by Landlord, (y) there are no uncured <br />defaults in Landlord's performance, and (z) not more than one (1) month's rent has been paid in <br />advance. <br />(d) Liens. Tenant shall keep the Leased Premises free and clear of all liens and <br />encumbrances arising from or out of its use and occupancy of the Leased Premises and Building. <br />If any lien is filed against the Leased Premises or the Building or adjacent or underlying property <br />owned by Landlord as a result of the action or inaction of Tenant or its employees, agents or <br />contractors, Tenant shall upon demand promptly have the lien released or provide Landlord with <br />a bond in the amount required by Landlord to remove the lien of record. Nothing in this Lease, <br />including this subsection, shall be deemed as a concession that the Leased Premises, or any other <br />City-owned property, is subject to lien under Washington law. <br />(e) Notices. All notices to be given by the parties shall be in writing and may <br />either be served personally, delivered by overnight courier (such as UPS or Fed Ex) or deposited <br />in the United States mail, postage prepaid, by either registered or certified mail to the notice <br />addresses provided in Section 1 of this Lease. A party may change its notice address effective on <br />written notice to the other party. All such notices shall be deemed delivered and effective on <br />the earlier of (i) the date received or refused for delivery, or (ii) five (5) calendar days after having <br />been deposited in the United States Postal Service, postage prepaid. <br />(f) No Waiver of Covenants. No waiver of any default hereunder shall be <br />implied from any omission by either party to take any action on account of such default if such <br />default persists or is repeated and no express waiver shall affect any default other than the <br />default specified in the express waiver and then only for the time and to the extent therein <br />stated. The subsequent acceptance of rent by Landlord shall not be deemed to be a waiver of <br />any preceding breach by Tenant of any agreement, condition or provision of this Lease, other <br />than the failure of Tenant to pay the particular rent so accepted, regardless of Landlord's <br />knowledge of such preceding breach at the time of acceptance of such rent. One or more waivers
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