|
REV: 07-15-24 VR
<br />determined by Landlord) twice per week. Landlord's cost of providing such services
<br />averages $1,100 per month and shall be part of Operating Expenses of which Tenant agrees
<br />to reimburse Landlord $500 per month for these costs on a monthly basis, beginning on the
<br />Full Possession Date or when full possession of the Premises is delivered, whichever is
<br />later. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any
<br />other applicable existing or future law, ordinance or governmental regulation permitting
<br />the termination of this Lease due to the interruption or failure of or inability to provide any
<br />services required to be provided by Landlord hereunder. In the event Tenant requires either
<br />HVAC to be operational outside Monday through Friday, 8:00 a.m. through 6:00 p.m.,
<br />holidays excepted, on Landlord’s written request Tenant shall pay to Landlord as additional
<br />rent the costs for such after-hour service as reasonably estimated by Landlord within 14
<br />days.
<br />16. Indemnification.
<br />16.1 Except for Landlord’s gross negligence or willful misconduct, to the fullest
<br />extent permitted by law, Tenant hereby agrees to defend, indemnify, protect and hold
<br />Landlord and its elected directors, officers, employees, and independent contractors
<br />harmless against and from any and all loss, cost, damage or liability arising in whole or in
<br />part from Tenant's use of the Premises or the conduct of its business or from any activity,
<br />work, or thing done, permitted or suffered by Tenant, its agents, contractors, employees or
<br />invitees in or about the Premises or elsewhere, and hereby agrees to further indemnify and
<br />hold harmless Landlord against and from any and all loss, cost, damage or liability arising
<br />in whole or in part from any breach or default in the performance of any obligation on
<br />Tenant's part to be performed under the terms of this Lease or arising from any act, neglect,
<br />fault or omission of Tenant, or of its agents, employees or invitees, and from and against
<br />all costs, attorneys' fees, expenses and liabilities incurred for such claim or any action or
<br />proceeding brought thereon. In case any action or proceeding is brought against Landlord
<br />by reason of any such claim, Tenant upon notice from Landlord hereby agrees to defend
<br />the same at Tenant's expense by counsel approved in writing by Landlord which consent
<br />shall not be unreasonably withheld. Tenant, as a material part of the consideration to
<br />Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or
<br />about the Premises from any cause whatsoever except that which is caused by Landlord's
<br />gross negligence or intentional misconduct, and Tenant hereby waives all its claims in
<br />respect thereof against Landlord, except for Landlord’s gross negligence or willful
<br />misconduct.
<br />16.2 Landlord shall defend, indemnify Tenant and hold it harmless from any loss,
<br />cost, damage or liability relating to, in connection with or arising from injury to person or
<br />property within the Common Areas and on the Premises to the extent such injury is caused
<br />by the gross negligence or intentional misconduct of Landlord. Nothing herein shall relieve
<br />Tenant of liability for its own willful acts or negligence.
<br />17. Damage to Tenant's Property. Notwithstanding any provisions of Paragraph 18 to
<br />the contrary, Landlord and its agents shall not be liable for any loss of or damage to any
<br />property, nor for any injury or damage to persons or property resulting from fire, explosion,
<br />falling plaster, steam, gas, electricity, water or rain which may leak from any part of the
<br />ATTY/AGR.2024.108/Sequoia Healthcare District (Office Lease Agreement) (Page 12 of 23)
|