2013/02/20 Council Agenda Packet

� C 11. SERVICES. Lessor agrees to provide the Premises with electricity,water, sewer, heat and air conditioning Monday through Friday, 6:00 AM to 6:00 PM,and janitorial and garbage services Monday through Friday. Lessor shall not be liable for any loss, injury, or damaged property caused by or resulting from any variation,interruption,or failure of such service beyond Lessors reasonable control. No temporary interruption or failure of such services incident to the making of repairs, alterations,or improvements,or due to accident or strike,or conditions or events beyond Lessor's reasonable control shall be deemed an eviction of Lessee or shall release Lessee from any of Lessee's obligations hereunder. 12. ACCESS REPAIRS. No compensation shall be made to or claimed by the Lessee from the Lessor by reasons of inconvenience, annoyance or damage of any kind whatsoever arising from the making of repairs to or maintenance or alteration of the building or appurtenances of the Premises covered hereby. Lessor reserves the right to make repairs, alterations,connections or extensions when and where the same may be deemed by the Lessor to be necessary. However,any repairs,maintenance or alteration of the building or appurtenances shall not render the building unusable for the purposes of this lease because of any action arising from the making of the repairs,maintenance or alteration to the building or appurtenances. Nothing herein contained shall be construed as an agreement on the part of the Lessor to make any repair or alteration whatsoever. Lessee agrees to pay for all repairs,alterations,connections or extensions becoming necessary,in the reasonable opinion of Lessor,due to negligence of Lessee,its agents,employees,representatives. 13. SIGNS. Lessee shall have the right to place identifying signage on and about the Premises with consent of Lessor,subject to compliance with all applicable laws. This consent Shall not be unreasonably withheld. 14. INSOLVENCY. In the event that the Lessee shall make an assignment for the benefit of creditors,or shall be adjudicated a bankrupt,or if a receiver is appointed for the Lessee or if the property of the Lessee upon the Premises shall be seized by any enforcement officer by reason of an attachment, execution or other process,Lessor shall have the option to terminate this lease. 15. DEFAULT -TERMINATION. If Lessee fails to observe or perform any tern or condition of this lease,the Lessor may elect to deliver written notice to the Lessee as specified in section 12 above. After failure to cure a monetary default within ten(10)days after receiving notice or a non-monetary default within thirty(30) days after receiving notice,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. 16. 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. 17. 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 4 61