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<br />,~SEP. 9 ~OO5
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<br />3:43PM
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<br />PACIFIC FSQ
<br />
<br />NO. 0037
<br />
<br />P. 6
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<br />iirW I.INITED S121TES
<br />.. P,lJSTi1L SERVICE.
<br />
<br />Out'ease Agreement
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<br />licensing Or permit requirements must be complied with and copies of all licenses, permits or authoñZations for their use,
<br />~hipm~nt. storage or transport must be to/warded to the Contracting Officer as well as copies of any citations ?r listing of
<br />Infraction:~ and subsequent corrections by the Lessee. Copies of any changes in any and all licenses or permits must be
<br />fOlwardecl to the Contracting Officer. Where more than one rule or regulation applies, the more stringent will, apply. If
<br />any fed~r.:¡~, state or local law, regulation, rule or ordinance requires the filing of periodic reports by the tenant.. it shall.be
<br />the ob"gElbon of the tenant under this Lease to file a copy of any such peñodic report(s) With the Postal 8ervice
<br />Conttacting Officer at the same time such report( s) is filed wm:., ~~ federal, state or local government or its assignee.
<br />
<br />The PosulI Service reserves the right to inspect the premis~'at any reasonable time fD ascertain if any lease violations
<br />occur. If any contamination, as reasonably determined by the Cð~tracting Officer, occurs due to the handling, use,
<br />storage or transfer by the tenant of any mateñal, whether such contaminaåon. violation or hazatdous condition is
<br />discovered during the lease term or after expiration or termination thereof, Lessee shall be solely responsible for
<br />removal or remediation of the hazardous or toxic condition in accordance with .federal. state and local regulations and
<br />pennit requirements. Notwithstanding any other clause in this section or in the Lease. the tenant shall remove. all
<br />hazardom material from the property at the expiration or tennination of the lease and provide copies of all p~nnits,
<br />notices aod manifests required for such removal to the Postal Service. Lessee's fëJilure to comply with the proVIsions of
<br />this parag -aph shall be grounds for termination of this Lease for default. Receipt by Lessor of notices, ~ports, or ~y
<br />other Infor11ation or documentation required herein shall not impose any responsibility on Lessor to supeMSe the affairs
<br />of lessee nor relieve Lessee of its responsibility to comply fully With all applicable laws and regulations. The rights and
<br />remedies )f the Postal Service provided in this clause are in addition to any other rights and remedies which !:"Sy be
<br />available t) the Postal SelVice by law or under this agreemenl The Lessee hereby indemnifies the Postal Service and
<br />its officers, agents, representatives, and employees from all. claims, loS$, damage, actiOns, causes of action, expense
<br />and/or liability, including the cost of defense, resulting from, brought for, Or on account of any violation of this clause-
<br />
<br />30. Gratuities or Gifts (April 1993): The Postal Service may terminate this contract for default if, after notice and a
<br />hearing. the Postal Service Board of Contract Appeals detennines that the Lessee or the Lessee's agent OJ" other
<br />representative:
<br />1. Offered or gave a gratuity or gift (as defined in 5 CFR 2'635) to an officer or employee of the Postal Service; and
<br />2. Intended by the gratuity or gift to obiain a contract Or favorable treatment under a contract.
<br />
<br />The rights and remedies of the Postal Service provided ill this clause are in addition to any other rights and remedies
<br />provided b'f law or under this contract. \
<br />
<br />31 - The fol owing paragraphs were deleted before execution of this lease:
<br />
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<br />32. Thefoliowing paragraphs or documents were incorporated befOre execution of this lease:
<br />EXliibi t A ~ Loca ti'o n ~4á,JJ - "-
<br />Exhibit B; D~olition Plan
<br />Exhibit C: P'reliminary Design of
<br />Ron Benoit Associates
<br />
<br />the "Post Office Paseo ..,.. Redwood City f C}\.~' by
<br />Landscape Architects dated 12/~/O4
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<br />33. IND~NIFICA'J:¡ON-: Lessee shall indemnify and hold h8.:('BJless the Postal Service> includ1.n1
<br />its officers, agents> elllpJ.oyees, assigns. representatives" Qd su~eessoX's. of and from eny
<br />and. all causes of action. 1.0888$) CO$ts, l:Labilities) obligations. damages) injuries;, death"
<br />penalties, fines" or expenses:o inc.luding reasonable attorney' $ fees. and fines paid in
<br />settleme-nt of claims. which may G.rise by reason of a violation of law} ordinance or regula-'
<br />t:i.on by le.ssee) its employees) contractore. agents or representatives, OJ; by reason of
<br />i.njllry to or death of person(s), damage to proper1;:y) or claims of lien for work performed
<br />and/or materials or suppLies furnished, ari.sing out: of or in conne.~tion with the construct!.« n
<br />repair, raplacement, or use of the prem~ses. Notwithstanding the above, the Lessee shall
<br />be under no obligation to save harmless and indemnify the Lessor where the Lessor's active
<br />negligence, sole negligence, or willful misconduct causes the loss or claim.
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<br />4
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<br />::;Ol.JTLSE (May '999, v2.2)
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