Agmt10 Froyola Yogurt - Laserfiche WebLink

Browse Search

employees, volunteers, contractors and agents from any and all actions, causes of action, claims, losses, expenses (including reasonable attorney's fees and costs), or liability or claims for damages on account of damage of property or injury to or death of persons, including Lessee or Lessee's employees, patrons, agents, customers, business invitees and/or any other persons, or damage to property of any kind whatsoever and to whomsoever belonging, including Lessee or Lessee's employees and patrons, agents, customers, business invitees and/or any other persons, from any cause resulting from the operations of, construction by Lessee, and/or use of any Agency area by Lessee or Lessee's employees, patrons, agents, customers, business invitees and/or any other persons, except where caused by Lessor's or City of Redwood City's active negligence, sole negligence or willful misconduct. 25. DUTY TO REPAIR OR RECONSTRUCT THE PREMISES 25.1 In the event of a casualty such as fire, flood or earthquake, Lessor shall be under no obligation to repair or reconstruct the Lease Area or the improvements to the Lease Area. Landlord shall not be responsible for any loss, damage, or destruction to Tenant's personal property, trade fixtures, merchandise, inventory or equipment. 25.2 Landlord shall have the right to terminate this Lease by giving written notice of termination to Tenant within sixty (60) days after the date of the damage or destruction, and Tenant's obligation to pay Rent and other charges under this Lease shall terminate as of the date of the damage or destruction. 25.3 Except as otherwise provided in this Agreement, damage to or destruction of the Premises shall not terminate this Agreement or result in the abatement of any rent or other charges payable under this Agreement. Tenant expressly waives any right it may have, in law or equity, to offset any cost incurred by Tenant for repairs or restoration to the Premises against Tenant's obligations to pay rent in connection with Landlord's duties of repair and restoration under this Lease. 26. AUTHORITY 26.1 All individuals executing this Agreement on behalf of the parties to this Agreement represent and warrant that they are authorized to execute and deliver this Lease on behalf of their respective party to this Agreement and that this Lease is binding upon said party to this Agreement. 27. MISCELLANEOUS 27.1 Expenses of Enforcement. If there are any legal or arbitration proceedings between Lessor and Lessee to enforce any provision of this Agreement or to protect or establish any right or remedy of either Lessor or Lessee hereunder, the unsuccessful party shall pay to the prevailing party all reasonable and customary costs and expenses, including reasonable attorney's fees (including, without limitation, the reasonable value of any in-house counsel services) incurred by such prevailing party in such proceeding and in any appeal in connection therewith. If such prevailing party recovers a judgment in any such proceeding or appeal, such costs, expenses, and attorney's fees (including the reasonable value of in-house counsel services) shall be determined by the court or arbitration panel handling the proceeding and shall be included in and as part of such judgment. ATTY/AGR/2009.081 020110 f) Initials Page 15