2010/05/26 Council Agenda Packet

ADVERTISING & SIGNS 25. Lessor must approve any signs in the common and public areas in advance in writing. Without Lessor's prior written consent, Lessee shall not inscribe or post, place, or in any manner display any sign, graphics, notice, picture, placard, or poster, or any advertising matter whatsoever, anywhere in or about the Premises or the Building at places visible (either directly or indirectly as an outline or shadow on a glass pane) from anywhere outside the Premises without first obtaining the Lessor s written consent thereto, which consent shall not be unreasonably withheld, provided such signs are consistent in size with the structure and consistent with the architectural and aesthetic aspects or tile Building. Any such consent by Lessor shall be upon the understanding and condition that Lessee shall remove the same at the expiration or sooner termination of this Lease, and Lessee shall repair any damage to the Premises or the Building caused thereby. LIENS 26. Lessee shall keep the Premises free from any liens arising out of any work performed and materials ordered or obligations incurred by or on behalf of Lessee or its members. SURRENDER OF POSSESSION 27. Lessee shall promptly and peacefully surrender the premises to Lessor upon expiration or sooner termination of this Lease in as good condition as when received by Lessee from Lessor or as thereafter improved, reasonable use and wear and tear excepted. NON -WAIVER 28. Waiver by Lessor of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant, or condition. Acceptance of Rent hereunder by Lessor subsequent to any breach shall not be a waiver of any preceding breach by Lessee, other than the failure of Lessee to pay the particular Rent so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such Rent. DEFAULT 29. Default by Lessee. In the event of any breach of any provision of this Lease by Lessee, the breach shall be deemed a default entitling Lessor to the remedies set forth in 29.1., after Lessor has delivered to Lessee notice of the alleged breach and a demand that the same be remedied immediately; provided that, if the breach pertains to a matter other than the payment of rent, Lessee shall not be in default after receipt of the notice if Lessee shall promptly commence to cure the default and shall cure the default within twenty (20) days after receipt of the notice, or if the breach pertains to the payment or rent Lessee shall have seven (7) days after receipt of the notice to cure the breach; provided, however, if such default is non -monetary in nature and is not reasonably susceptible of being cured in said twenty (20) days, Lessee shall commence to cure such default within said period and diligently pursue such action with continuity to completion. If a breach has been cured within the grace periods permitted by this section it shall no longer constitute a default. 29.1. Lessor's Remedies. In the event of a material default, Lessor shall be entitled to terminate this Lease and to re-enter and take possession of the property. All rights and remedies of Lessor shall be cumulative, and none shall exclude any other right or remedy allowed by law. REMOVAL OF PROPERTY 30. Regardless of any other provisions in this Lease, Lessee shall remove all of its trade fixtures, fixtures, and personal property without damage to the Premises at the expiration or sooner termination of this Lease and shall pay Lessor any damages to the Premises or building resulting from such removal. If Lessee fails to remove any of its moveable property, trade fixtures, or fixtures upon expiration or sooner termination of this Lease, it shall become the property of the Lessor. GIK