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Agmt98 OMIX
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Agmt98 OMIX
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Last modified
7/5/2005 3:05:17 PM
Creation date
5/26/2005 4:01:15 PM
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Agreement
Contractor Name
OMIX
PROJECT NAME
702 Marshall Street sublease agreement
RMP File Number
304
Date
1/30/1998
Reso Ref
13269
Box
5933
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<br />1-30-19982:55PM <br /> <br />FROM ALTA BUSINESS SVCS 650 349 5862 <br /> <br />P. 11 <br /> <br />restoration. If Sublessor elects to repair or restore, but fails <br />to complete the work within thirty (30) days following the date <br />of destruction, Sublessee shall have the option to terminate this <br />sublease by notice in writing to Sublessor. Sublessee hereby <br />expressly waives all rights it may have under the California <br />Civil Code Sections 1932 and 1933. <br /> <br />16. CONDF.MNATIO~. If during the term of said sublease, <br />the whole or such part of the Premises be taken or condemned by <br />any competent authority so tha~ there does not remain a portion <br />suitable for occupation hereunder, this sublease shall terminate; <br />provided however, the term of this sublease shall end upon and <br />not before the date when the possession of the part so c.aken <br />shall be required for such use or purpose. Current rent shall be <br />apportioned as or the date of such termination. All compensation <br />awarded upon any condemnation or taking shall go to Sublessor, <br />and Sublessee shall have no claim thereto, and Sublessee hereby <br />irrevocably assigns and transfers to Sublessor any right to <br />compensation or damages to which Sublessee may become entitled <br />during the term hereof by reason of any condemnation or taking¡ <br />provided, however, Sublessee may claim part of the award for any <br />undepreciated value of tenant improvements paid for by the <br />Sublessee in the Premises, and such moving expense award as may <br />be granted. For this purpose, undepreciated value shall mean <br />original cost of such tenant improvements paid for by Sublessee, <br />divided by Lhe number of years of the original sublease c.erm, <br />times the number of years remaining on the sublease term at the <br />time of condemnation. Except as provided above, this sublease <br />shall not terminate and shall remain in full force and effect in <br />the event of a condemnation of only a portion of the Premises. <br />However, the rent shall be adjusted for the remainder of the term <br />according to the amount of space taken and the amount of space <br />remaining. . <br /> <br />17. ASSIGNMENT SUBT,F.ÄSE. Sublessee or any person <br />holding under Sublessee, or by transfer or assignment from <br />Sublessee, shall no~ assign, mortgage or pledge this sublease, or <br />any rights hereunder, or sublet the Premises, or any part <br />thereof, nor permit the use of the Premises, except for the <br />Sublessee's own purposes, by any person or persons other than <br />Sublessee and the agents and servants of Sublessee, without first <br />obtaining the written consent of Sublessor, and any such <br />assignment or subletting withou~ Sublessor's prior written <br />consent shall be void. Sublessor shall not unreasonably withhold <br />its consent to an assignment or subletting by Sublessee provided <br />that: (A) the proposed use of the Premises by the proposed <br />assignee or Sub-sublessee shall not violate the terms of the <br />Master Lease, this Sublease or of any applicable law, and shall <br />be harmonious wic.h the character of the Building and consistent <br /> <br />01/09/98 <br />01/15/98R <br />Ol/22/98R <br /> <br />10 <br /> <br />-r <br /> <br />. ---r-.-.-. T <br />
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