2010/05/26 Council Agenda Packet

s; Lease No. SRL 10-0034 April 26, 2010 Page 6 of 12 NO GUARANTEES 16. It is understood that no guarantees, express or implied, representations, promises or statements have been made by the Lessee unless endorsed herein in writing. And it is further understood that this Lease shall not be valid and binding upon the State of Washington, unless same has been approved by the Director of the Department of General Administration of the State of Washington or his or her designee and approved as to form by the Office of the Attorney General. Any amendment or modification of this Lease must be in writing and signed by both parties. LEGAL RELATIONS 17. Each party to this Lease shall be responsible for UM to persons or damage to property resulting from negligence on the part of itself its employees its agents or its officers Each party to this Lease (Inde -mm Party) shall indemnify and defend the other party to this Lease from and against all clarms asserted by persons not parties to this Lease arisin from or relatingto the Inde Parties breach of this Lease Red h ence intentional misconduct or violation of law. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party. ENERGY 18. The Lessor, or authorized representative, -in accordance with RCW 43.19.685, has conducted a walk-through survey of the leased premises .with a representative of the Director of the Department -of General Administration. Lessor will undertake technical assistance studies and/or subsequent acquisition and installation of energy conservation measures identified as cost effective by the survey. REIMBURSEMENT FOR DAMAGE TO PREMISES 19. The Lessee hereby agrees to reimburse the Lessor for damages caused by the negligence of its employees, clients and agents, but in no event shall this paragraph be construed as diminishing the Lessor's duty to make repairs as set forth in preceding paragraphs of this Lease, or as making Lessee responsible for the repair of normal wear and tear. HAZARDOUS SUBSTANCES 20. Lessor warrants to his/her knowledge that no hazardous substance, toxic waste, or other toxic substance has been produced, disposed of, or is or has been kept on the premises hereby leased which if found on the property would subject the owner or user to any damages, penalty, or liability under an applicable local, state or federal -law or regulation. Lessor shall indemnify and hold harmless the Lessee with respect to any and all damages, costs, attorneys' fees, and penalties arising from the presence of any hazardous. or toxic substances on the premises, except for such substances as may be placed on the premises by the Lessee. Lessor warrants to his/her knowledge that no hazardous substance, toxic waste, or other toxic substance has been produced, disposed of, or is or has been kept on the premises hereby leased which if found on the property would subject the owner or user to any damages, penalty, or liability under an applicable local, state or federal law or regulation. Lessee acknowledges that Lessor encountered some contaminated soils during construction of the Building as referenced in the State of Washington's Department of Ecology letter to the City dated April 20, 1998. Lessor represents that it remedied such contaminated soils as required by existing law. Lessor shall indemnify and hold harmless the Lessee with respect to any and all damages, costs, attorneys' fees, and penalties arising from the presence of any hazardous or toxic substances on the Premises, except for such substances as may be placed on the Premises by the Lessee. 53