2007/02/07 Council Agenda Packet

5 in section above. After failure to cure a monetary default within thirty (30) days after receiving notice or a non-monetary default within thirty (30) days after receiving notice, or such time as reasonably necessary to cure any default, the Lessee shall be deemed to be in default. In the event of default and upon thirty (30) days written notice of termination to the Lessee in default, the Lessor may terminate this lease. In the event of default by Lessee, Lessor will also have the right to any actual damages flowing from said default conditioned upon Lessor's duty to stringently mitigate said damages. 15. NO WAIVER OF COVENANTS. No waiver of any default hereunder shall be implied from any omission by either party to take any action on account of such default if such default persists or is repeated and no express waiver shall affect any default other than the default 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. • 16. 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 thirty (30) days, Lessee shall have the right to terminate this Lease. 17. HOLDING OVER. Any month to month holdover tenancy, if applicable, shall be at the same base rent as in effect at the expiration of this Lease. 18. 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" andtheir accompanyingverbs or pronouns, wherever used in this Lease, shall apply equally to all persons, firms or corporations which may be or become parties hereto. 19. RULES. Lessee agreestoabide 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. 20. -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..,asamended).atthe present rate of.twelve_point.eighty-four p_ercent_(12.8_4%),.or_asmay 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. Said tax shall only be incorporated into the monthly rent and is subject to the "GSA max." set forth in section three. 21. RECORDING. Lessee agrees that Lessor, at its sole option and at any time prior to the expiration of.this_lease,.may filesameor.a.Memorandum Form thereof for_recording with-the Director, Records and Elections, Snohomish County, Washington. If a Memorandum Form of the--lease isfiledfor recording, Lessee agrees to execute and return same promptly upon receipt from Lessor. 15 5