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REV: 12-12-24 VR
<br />employees, volunteers, agents, contractors and each of their successors and assigns
<br />from and against any and all claims, judgments, causes of action, damages, penalties,
<br />costs, liabilities, and expenses, including all costs, reasonable attorneys' fees,
<br />expenses and liabilities incurred in the defense of any such claim or any action or
<br />proceeding brought thereon, arising at any time during or after the Term as a result
<br />(directly or indirectly) of or in connection with (i) any default in the performance of any
<br />obligation on City's part to be performed under the terms of this Agreement; or (ii)
<br />City's use of the Premises, the conduct of City's business or any activity, work or things
<br />done, permitted or suffered by City in or about the Building, the Premises, the
<br />Improvements, the Common Area, or other portions of the Property.
<br />8. REPAIRS AND MAINTENANCE.
<br />8.1. Landlord's Obligations. Landlord, at Landlord's expense, shall
<br />maintain the Property, Building and Premises in good condition and repair.
<br />Landlord shall make any required repairs in an expeditious manner after receipt
<br />of written notice from City of the need for such repairs. In the event Landlord
<br />fails, in the reasonable judgment of City, to maintain the Premises in good order,
<br />condition and repair, City may, upon five days' written notice to Landlord,
<br />perform such maintenance, repairs or refurbishing at Landlord's expense,
<br />provided Landlord fails to do so within that five-day period. If City elects to
<br />undertake any such repairs or maintenance as provided above, then City shall
<br />deduct City's actual costs paid or incurred in connection therewith from any rent
<br />due.
<br />8.2. City's Obligations. City, at City's expense, shall maintain all the
<br />Improvements, as defined below, in good condition and repair.
<br />9. ALTERATIONS.
<br />9.1. Condition of Premises. The Premises are being leased to City in their
<br />current, existing, “as is” condition. Any improvements or alterations constructed
<br />by Landlord or City or on City's behalf therein are referred to in this Agreement
<br />as “Improvements.” City is familiar with the existing condition of the Property,
<br />Premises, and acknowledges that Landlord has made no representation or
<br />warranty regarding the condition of the Premises, Property, or any portion
<br />thereof, except as specifically stated in this Agreement.
<br />9.2. Trade Fixtures; Alterations. Subject to the conditions and
<br />requirements of this Section 9, City may install necessary trade fixtures,
<br />equipment and furniture in the Premises, provided that such items are installed
<br />and are removable without structural or material damage to the Premises or
<br />any Improvements installed by Landlord. For purposes of this Agreement, the
<br />term “Trade fixture” shall mean specialty fixtures or equipment used in City's
<br />business as identified by City and agreed to by Landlord in writing. City shall
<br />not construct, or allow to be constructed, any alterations or physical additions
<br />in, about or to the Premises without the prior written consent of Landlord. In no
<br />event shall City undertake any structural, electrical or plumbing work in
<br />connection with the Property or the Premises without the prior written consent
<br />of Landlord.
<br />ATTY/AGR.2024.221/Hunter Partners Sequoia, LLC (Sequoia Station PD Substation) (Page 3 of 13)
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