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2026/03/25 Council Agenda Packet
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2026/03/25 Council Agenda Packet
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Council Agenda Packet
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3/25/2026
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5 <br />any conditions or circumstances caused by Tenant's failure to comply with the terms hereof, and <br />Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in connection <br />with the remedy of such conditions or circumstances within thirty (30) days of demand. <br />8. MAINTENANCE OF PREMISES. Tenant shall at all times throughout the Term keep <br />the Leased Premises in good order, condition and repair. Tenant shall maintain the Leased <br />Premises in a clean, orderly and neat appearance, and shall not permit any offensive odors to <br />emit from the Leased Premises and shall not commit waste nor permit any waste to be <br />committed in the Leased Premises. Except for maintenance attributable (a) to Tenant's breach <br />of its obligations under this Lease, (b) to Tenant's acts or omissions or those of Tenant's <br />employees, agents or contractors, or (c) to improvements made by Tenant, Landlord shall <br />maintain the roof, exterior walls, foundation, HVAC and building structure of the Leased Premises <br />in a good state of repair. <br />9. LANDLORD’S ACCESS FOR REPAIRS. Landlord reserves the right to make repairs, <br />alterations, connections or extensions to the Leased Premises and the Building as Landlord <br />deems necessary (“Landlord Repairs”), and Tenant shall permit Landlord to enter the Leased <br />Premises for the purpose of making Landlord Repairs at any time on reasonable notice (except in <br />the case of an emergency in which case no notice shall be required). Tenant shall have no right <br />to abate rent or receive any compensation by reason of inconvenience or annoyance arising from <br />Landlord Repairs. This Section 9 does not create any duty on the part of Landlord to make <br />Landlord Repairs. Tenant agrees to pay to Landlord as Additional Rent the entire cost of Landlord <br />Repairs which are necessary due to Tenant’s negligence or breach of this Lease together with a <br />fee for overhead and administrative expenses equal to 10% of such costs. <br />10. LANDLORD-PROVIDED SERVICES. Landlord shall provide the Leased Premises <br />with services as described in Section 1 of this Lease. Landlord shall in no case be liable for <br />damages (including consequential damages) or in any way be responsible for the loss to Tenant <br />of such services arising from the failure of, diminution of or interruption of such services to the <br />Leased Premises, unless (a) such failure of, diminution of or interruption of any such service was <br />caused by the gross negligence or willful misconduct of Landlord, its agents or contractors, and <br />(b) any such claims are not covered by the business interruption insurance required to be <br />maintained by Tenant pursuant to this Lease, nor will such failure of, diminution of or <br />interruption be deemed an eviction of Tenant or release Tenant from any of Tenant's obligations <br />under this Lease. To the extent that Landlord bears any responsibility for the foregoing, <br />Landlord’s responsibility and Tenant’s remedy shall be limited to an abatement in Base Rent for <br />the period beginning with (i)the day which is five (5) consecutive days after the date on which <br />Tenant delivers notice to Landlord of such interruption, deprivation or reduction and of the fact <br />that Tenant is being deprived of all reasonable use of the Leased Premises and ending on (ii) the <br />date such interruption, deprivation or reduction which is Landlord’s responsibility is no longer <br />causing Tenant to be deprived of all reasonable use of the Leased Premises. <br />11. UTILITIES AND OTHER CHARGES. <br />(a) Utility Charges. With respect to services other than those described as <br />Landlord-provided in Section 1 of this Lease, Tenant shall be responsible for, and pay prior to <br />delinquency, all charges for utilities or services used or consumed on or supplied to the Leased
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