|
<br />Lease Term. For purposes of the indemnity provided herein, any acts or
<br />omissions of Lessee or its employees, agents, customers, sublessees,
<br />assignees, contractors or subcontractors of Lessee (whether or not they are
<br />negligent, intentional, willful or unlawful) shall be strictly attributable to Lessee.
<br />
<br />23. LESSEE'S BROKER COMMISSION
<br />23.1 In the event a lease is executed between lessor and lessee as to the Premises,
<br />lessor is not responsible for payment of any commission to any person. Any
<br />payment of a commission Is the sole responsibility of lessee.
<br />
<br />24. RELOCATION
<br />24.1 lessee understands and acknowledges that, as an occupant, this Agreement or
<br />any future lease agreement creates no rights under federal, state or local law to
<br />receive relocation benefits or any advisory assistance upon termination of any
<br />current or Mure lease agreement. Lessee hereby waives and releases the
<br />lessor from any claims for relocation benefits or assistance upon termination of
<br />any current or future lease agreement under federal, state, or local relocation
<br />law.
<br />
<br />25. INDEMNIFICATION
<br />25.1 lessee shall protect, defend, Indemnify and hold harmless the lessor and the
<br />City of Redwood City, their respective governing bodies, members, officers,
<br />employees, volunteers, contractors and agents from any and all actions, causes
<br />of action, claims, losses, expenses (including reasonable attorney's fees and
<br />costs), or liability or claims for damages on account of damage of property or
<br />injury to or death of persons, including lessee or lessee's employees, patrons,
<br />agents, customers, business Invitees and/or any other persons, or damage to
<br />property of any kind whatsoever and to whomsoever belonging, including lessee
<br />or Lessee's employees and patrons, agents, customers, business invitees and/or
<br />any other persons, from any cause resulting from the operations of, construction
<br />by Lessee, and/or use of any Agency area by lessee or lessee's employees,
<br />patrons, agents, customers, business invitees and/or any other persons, except
<br />where caused by Lessor's active negligence, sole negligence or willful
<br />misconduct.
<br />
<br />26. DUTY TO REPAIR OR RECONSTRUCT THE PREMISES
<br />26.1 In the event of a casualty such as fire, flood or earthquake, lessor shall be under
<br />no obligation to repair or reconstruct the Lease Area or the improvements to the
<br />Lease Area. Landlord shall not be responsible for any loss, damage, or
<br />destruction to Tenant's personal property, trade fixtures, merchandise, inventory
<br />or equipment.
<br />
<br />26.2 Landlord shall have the right to terminate this Lease by giving written notice of
<br />termination to Tenant within thirty (30) days after the date of the damage or
<br />destruction, and Tenant's obligation to pay Rent and other charges under this
<br />lease shall terminate as of the date of the damage or destruction.
<br />
<br />26.3 Except as otherwise provided In this Agreement, damage to or destruction of the
<br />Premises shall not terminate this Agreement or result In the abatement of any
<br />rent or other charges payable under this Agreement. Tenant expressly waives
<br />any right it may have, in law or equity, to offset any cost incurred by Tenant for
<br />
<br />Atty/Agr/2008.033 13
<br />050508
<br />
|