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<br />SEP. 9 2005 <br /> <br />3:42PM <br /> <br />PACIFIC FSQ <br /> <br />NO. 0037 <br /> <br />P. ~~5- <br /> <br />;;;;:w UNITED ST/JTES <br />I!!:íiM PCISTIJ.L SERVICE. <br /> <br />Outlease Agreement <br /> <br />including and any and all equipment, fixtures, and appurtenances. whether severable or nonseverable, <br />furnished by the Lessor under this Lease. <br /> <br />10. Lesseo shall use reasonable care in the occupation and use of the leased premises. Upon the expiration or <br />terminatior of this Lease, Lessee shall vacate the leased premises, and forthwith yield <br />and place Lessor in peaceful possession of the leased premises, free and clear of any liens, claims, or encumbrances <br />and in as !Jood condition as the leased premises existed at the commencement of this Lease, ordinary wear and tear <br />excepted. <br /> <br />11. LesseE shall comply with all applicable Municipal and State laws, ordinances and regulations and obtain and pay for <br />all licenses and permits as may be required. <br /> <br />12. Lesse~ agrees not to use the leased premises in any way which, in the judgement of the Lessor poses a hazard to <br />the Lessor, the general public, the leased premises, other lessees, or the building in part or whole; nor shall Lessee use <br />the leased :>remises so as to cause damage, annoyance, nuisance or inconvenience to the building occupants or others. <br /> <br />13. Lessee I Lessee's agents, employees, in"itees and visitors may use the leased premises only for lawful purposes <br />consistent Nlth the requirements of applicable laws, codes and regulations, and shall comply fully with all applicable <br />Rules and Regulations Governing Conduct on Postal Property (Title 39, Code of Federal Regulations, Part 232) as <br />attached hE,reto or subsequently amended. <br /> <br />14. The Le ;¡sor reserves the right to enter the leased premises at all reasonable hours to Inspect it, show same or to <br />make such repairs, additions or alterations as Lessor considers necessary. <br />** = Adequate <br />15. The Le:¡see must obtain. at no cost to the Lessor, a public liability insurance policy naming the Postal Service as an <br />additional il1sured (co-Insured) and providing limits of liability for bodily injury of ** for each person andJ:1i:J for each <br />occurrence and **Bggregate and property damage limits of **for each occurrence and ** aggregate. A certified true <br />copy of the complete policy (not a memorandum of Insurance nor a certificate of insurance) with endorsement naming <br />the Postal ~)ervice as an additional insured thereunder, shall be furnished the Lessor prior to occupancy. The policy <br />must includ,~ the following endorsement: 'It is a condition of this policy that the insurance company must furnish written <br />notice to the United States Postal Service thirty (30) days in advance of the effective date of any reduction in or <br />cancellation of this policy.' Failure to provide and maintain the aforementioned insurance policy with required <br />endorsemerlts may result in termination of the Lease at the option of the Lessor. <br /> <br />In all cases wherein federal, state, or local governmental bodies are self-insured. acceptable e"idence of such self- <br />insurance shall be provided prior to occupancy. <br /> <br />16. Lessor t,hall not be responsible for damages to property or injuries to persons, which may arise from or be incident <br />to the use and occupation of the leased premises, nor for damages to the property or injuries to the person of Lessee or <br />of others wt 0 may be on said premises at Lessee's invitation and Lessee shall hold Lessor harmless from any and all <br />claims for Sl eh damages or injuries. <br /> <br />17. In the e\'ent Lessee is in default of its rental obligations or abandons the leased premises for a period of thirty days <br />or more, or t,reaches any other portion of this lease without correcting said breach within 30 days after notice thereof by <br />Lessor, then the LesSQr may, at its option, on authority hereby granted the Lessor by the Lessee, (a) declare this Lease <br />ended and terminated and may re-enter the leased premises and remove all persons or things therefrom, and the <br />Lessee here)y expressly waives all service of any demand or notice prescribed by any statute whatever, and (b) Lessor <br />may enter tt e leased premises and eject Lessee, forcibly or otherwise, without regard to any statute to the contrary, <br />dispose of sllch personal property left in the premises as deemed in the best interest of the United States Postal Service <br />and Lessee shall be liable for such damages as the Lessor may incur. The rights and remedies of the Lessor as <br />provided in t'1is clause are not exclusive and are in addition to any other rights and remedies provided by law or under <br />this lease ag 'eement. <br /> <br />18. In the ev;!nt that a state or local tax is imposed upon the occupancy, use, possession, or leasehold interest of or in <br />the real propl~rty herein leased, the obligation for the payment of the tax will be wholly that of the Lessee. <br /> <br />REOUTLSE (Mar 1!199, 112.2) <br /> <br />2 <br />