2010/05/26 Council Agenda Packet

V Lease No. SRL 10-0034 April 26, 2010 Page 7 of 12 Lessee shall not keep upon or about the Premises for use, disposal, treatment, generation, storage, demonstration or sale any substances that are hazardous, toxic harmful or dangerous, and/or which are subject to regulation as hazardous or toxic, dangerous, or as a pollutant by any federal, state, or local law, regulation, statute, or ordinance (collectively referred to as "hazardous substances"). Lessee shall be reMonsible for any and all damages, costs fees (including attorney's fees and costs) civil and criminal penalties or clean-up costs assessed against or im osed as a result of Lessee's use disposal, generation. storage, demonstration or sale of hazardous substances or that of Lessee's em to ees agents or invitees. Breach of this provision shall entitle Lessor to terminate this Lease. CONDEMNATION 21. Entire Taking If all of the Premises or such portions of the Premises or of the Building: as mV be required for the reasonable use of the Premises are taken by eminent domain or under threat of eminent domain, this Lease shall automatically terminate as of the date title vests in the condemning authority and all Rent. Additional Rent and other paymenis shall be paid to that date. 21.1 Constructive Taking of Entire Premises In the event of.a taking of a material part of but less than all of the Building where Lessor shall reasonably determine that the remaining portions of the Building cannot be economically and effectively used by it (whether on account of pbysigal, economic aesthetic or other reasons Lessor shall forward a written notice to Lessee of such determination not more than sixty (60) &ys after the date of taking The term of this Lease shall expire Won such date as Lessor shall specify in such notice but not earlier than sixty (60) days after the date of such notice. 21.2 Partial Taking In case of taldng of a part of the Premises ora portion,of the Building not required for the reasonable use of the Premises then this Lease shall continue in full force and effect and the Rent shall be equitably reduced based on the proportion, if any, by which the floor area of the Premises is reduced. such Rent reduction to be effective as of the date title to such portion vests in the condemning authority. 21.3 Termination by Lessor In the event that title to a part of the Building other than the Premises shall be so condemned or taken and if in the opinion of the Lessor, the Buildin should .be restored in such a way as to alter the Premises materially, the Lessor may terminate this Lease and the term and estate hereby ranted by nojbdpg the Lessee of such termination within six 60 da s following the date of vesting of title and this Lease and the term and estate herranted shall ex ire on the date specified in the notice of termination not less than sixty (60) days after the giving of such notice, as ftilly and coin letel as if such date were the date set for the ex iration of the term of this Lease and the Rent hereunder shall be apportioned as of such date. 21.4 Awards and Damages Lessor reserves all rights to damages to the Premises for any partial constructive, or entire taking by eminent domain and Lessee hereb assi ns to Lessor m -right Lessee pLay have to such damages or award and Lessee shall make no claim against Lessor or the condemning authority for damages for termination of the leasehold interest. Lessee shall have the right however to claim and recover from the condemning authori compensation for any loss to which Lessee may be put for Lessee's moving expenses business interruption or taking of Lessee's personal property_(not including Lessee's leasehold interest), provided that such damages may be claimed only if they are awarded separately in the eminent 1 F domain proceedings and not out of or as part of the damages recoverable by Lessor. 54