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KCAP Holdings Inc. 7/24/2017
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KCAP Holdings Inc. 7/24/2017
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Last modified
9/13/2017 10:34:03 AM
Creation date
9/13/2017 10:33:56 AM
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Contracts
Contractor's Name
KCAP Holdings Inc.
Approval Date
7/24/2017
End Date
6/30/2018
Department
Facilities
Department Project Manager
Barbara Hardman
Subject / Project Title
Lease 6209 Evergreen Way Jiffy Lube Site
Tracking Number
0000816
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Lease
Retention Period
6 Years Then Destroy
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and will be used, kept, and stored in a manner that complies with all laws regulating any such <br /> Hazardous Material,brought upon or used or kept in or about the Premises. <br /> If Lessee breaches the obligation stated in the preceding paragraph, or if the presence of <br /> Hazardous Material on the Premises caused or permitted by Lessee results in contamination of <br /> the Premises, or if contamination of the Premises by Hazardous Material otherwise occurs for <br /> which Lessee is legally liable to Lessor for damage resulting therefrom, then Lessee shall <br /> indemnify, defend, and hold Lessor harmless from any and all claims,judgments, damages, <br /> penalties, fines, costs, liabilities, or losses (including,without limitation, diminution in value of <br /> the Premises,damages arising from any adverse impact on marketing of space, and sums paid in <br /> settlement of claims, attorneys' fees, consultant fees, and expert fees)which arise during or after <br /> the lease term as a result of such contamination. This indemnification of Lessor by Lessee <br /> includes, without limitation, costs incurred in connection with any investigation of site <br /> conditions or any clean-up,remedial, removal, or restoration work required by any federal, state, <br /> or local governmental agency or political subdivision because of Hazardous Material present in <br /> the soil or groundwater on or under the Premises. <br /> Without limiting the previous portions of this Section, if the presence of any Hazardous <br /> Material on the Premises caused or permitted by Lessee results in any contamination of the <br /> premises, Lessee shall promptly take all actions at its sole expense as are necessary to return the <br /> Premises to the condition existing prior to the introduction of any such Hazardous Material to the <br /> Premises. Provided, however, Lessor's approval of such actions shall first be obtained. Lessor's <br /> approval shall not unreasonably be withheld so long as such actions would not potentially have <br /> any material adverse long-term or short-term effect on the Premises. <br /> If the Lessee spills,releases, or disposes of any Hazardous Material at the Premises, <br /> Lessor may, at Lessor's sole option, declare Lessee in default. <br /> As used herein, the term "Hazardous Material" means any hazardous or toxic substance, <br /> material, or waste which is or becomes regulated by any local governmental authority,the State <br /> of Washington, or the United States Government. <br /> All portions of this Hazardous Material Section shall survive the expiration or early <br /> termination of this lease. <br /> PRIORITY/ESTOPPEL CERTIFICATES. Lessee agrees to execute any <br /> subordination or estoppel certificates which may be requested by Lessor within fifteen(15) days <br /> of their submission to Lessee. If the subordination or estoppel certificate notes or describes any <br /> outstanding dispute between the Lessor and Lessee,the certificate will not act as a waiver of the <br /> outstanding dispute. <br /> NO BROKERS. Lessor warrants to Lessee that Lessor has not engaged a broker in <br /> connection with this Lease. Lessee agrees to indemnify the Lessor if a claim for a fee or <br /> 9 <br />
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