2003/11/19 Council Agenda Packet

specified in the express waiver and that only for the time and to the extent therein stated. The acceptance by Lessor of rent with knowledge of the breach of any of the covenants of this Lease by Lessee shall not be deemed a waiver of any such breach. One or more waivers of any breach of any covenant, term, or condition of this lease shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. 22. DELAYED POSSESSION. In the event of the inability of Lessor to deliver possession of the Premises for any reason whatsoever at the time of the commencement of the term of this lease, neither Lessor nor its agents shall be liable for any damage caused thereby, nor shall this lease thereby become void or voidable, nor shall the term herein specified by in any way extended, but in such event Lessee shall not be liable for any rent until such time as Lessor can deliver possession, and in the event that possession is delayed over ninety (90) days, Lessee shall have the right to terminate this lease. 23. HOLDING OVER. If Lessee, with the consent, express or implied, of the Lessor, shall hold over after the expiration of the term of this lease, the Lessee shall remain bound by all the terms, covenants, and agreements hereof, except that the tenancy shall be from month to month. at 150% of the monthly rent payable for the last month of the Lease term. 24. HEIRS. The rights, liabilities. and remedies provided for herein shall extend to the heirs. legal representatives, successors and. so far as the terms of this Lease permit, assigns of the parties hereto: and the words "Lessor" and "Lessee" and their accompanying verbs or pronouns, wherever used in this lease, shall apply equally to all persons, firms or corporations which may be or become parties hereto. 25. RULES. Lessee agrees to abide by the rules and regulations governing the operation of the building which may be made by Lessor from time to time, and will use reasonable methods to induce customers, clients and all persons invited by Lessee into said building to observe the • same. 26. LEASE TAX. The possessory interest of Lessee in the property herein leased is subject to taxation under the laws of the State of Washington (Ch. 61, 1975-1976 Laws, 2d Ex. Sess.. as amended) at the present rate of twelve point eighty four percent (12.84%), or as may be amended by Washington State legislation. of the taxable rent to be paid to the Lessor monthly under the terms of this Lease. This tax is included in the monthly rent required above. Lessee agrees to pay and the Lessor agrees to collect and pay over to the State Department of Revenue the aforesaid leasehold excise tax in accordance with the statutes governing same. 27. RECORDING. Lessee agrees that Lessor, at its sole option and at any time prior to the expiration of this Lease, may file same or a Memorandum Form thereof for recording with the Director, Records and Elections, Snohomish County, Washington. If a Memorandum Form of the lease is filed for recording, Lessee agrees to execute and return same promptly upon receipt from Lessor. 28. TIME. Time is of the essence of this Lease. 29. HAZARDOUS MATERIAL. Lessee shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Premises by Lessee, its agents, employees. contractors. or invitees, without the prior written consent of Lessor. Lessee's request for use of commercial products that may be considered Hazardous Materials shall include a listing of the products, their intended uses by Lessee, and the manufacturer's Material Safety Data Sheet for each product, as prepared in accordance with 29 CFR 1910.1200 (hazard • communication). Lessee's request shall also include a statement that Lessee will handle. store, and dispose of the products in accordance with the manufacturers' Material Safety Data Sheets. 7 24