|
29.14 Advice of Advisors. Each party to this Lease acknowledges and
<br /> agrees that it has obtained and relied upon its own legal counsel and other advisors to evaluate
<br /> the tax, accounting and legal consequences of entering into this Lease and consummating the
<br /> transactions contemplated hereby, and, except as set forth in this Lease, neither party is relying
<br /> on any representations or warranties of the other party to this Lease.
<br /> 30. Relocation Assistance.
<br /> 30.1 Waiver of Relocation Assistance. Tenant acknowledges and agrees
<br /> that Tenant has received the sum of Five Hundred Thousand Dollars ($500,000) (the
<br /> "Relocation Compensation ") to cover all of Tenant's costs to relocate its business to another
<br /> location and for disruption all its business and that such amount constitutes full and complete
<br /> satisfaction of any obligation Landlord may have for providing relocation assistance to Tenant
<br /> and paying its relocation costs, if any, required to comply with all applicable federal, state and
<br /> local laws, rules and regulations arising out of, based upon, or relating to, relocation assistance or
<br /> benefits owing under the Uniform Relocation Assistance and Real Property Acquisition Policies
<br /> Act of 1970, 42 U.S.C. Section 4601 et seq., and the California Relocation Act, Govt. Code
<br /> Section 7260 et seq., and its implementing regulations, 25 Cal. Code Regs. Section 6000 et seq.
<br /> or under any other federal, state or local relocation statutes, regulations or guidelines, including
<br /> but not limited to, any such regulations or guidelines of the City of Redwood City or the County
<br /> of San Mateo (collectively, "Relocation Benefits "). Accordingly, Tenant, for itself and for its
<br /> agents, successors, assigns, fully releases, acquits and discharges Landlord and its officers,
<br /> officials, members, directors, council members, employees, attorneys, accountants, other
<br /> professionals, insurers, and agents, and all entities, boards, commissions, and bodies related to
<br /> any of them (collectively, the "Released Parties "), from all suits, causes of action, claims,
<br /> liabilities, damages, losses, fees, fines, costs and expenses including attorneys' and experts' fees
<br /> (collectively, "Claims ") that Tenant, or any of them, has or may have against the Released
<br /> Parties for all Relocation Benefits arising out of or related to Landlord's acquisition of the
<br /> Property, this Lease, the termination of this Lease for any reason, any taking of the Property
<br /> under power of eminent domain, and/or the displacement of Tenant from the Property.
<br /> 30.2 Waiver of Property Rights and Interests. Tenant for itself and for
<br /> its agents, successors and assigns fully releases, acquits and discharges Landlord and the
<br /> Released Parties from all Claims that Tenant, its agents, successors and assigns has or may have
<br /> against the Released Parties arising out of or related to Landlord's acquisition of the Property, the
<br /> termination of this Lease, and/or the displacement of Tenant from the Property including, without
<br /> limitation, all of Tenant's property rights and interests in the Property, including but not limited
<br /> to (i) all leasehold interests and rights of tenancy or occupancy, (ii) all improvements, including
<br /> improvements pertaining to the realty, furniture, fixture, and equipment, (iii) business goodwill
<br /> and lost income (past or future) relating to the Property, (iv) Tenant's failure to locate a suitable
<br /> replacement location, (v) lost rental income or sublease or license income, (vi) severance
<br /> damages and pre- condemnation damages, if any, (vii) economic or consequential damages, (viii)
<br /> professional consultant fees, attorney's fees and costs, expert witness fees and costs, interest, and
<br /> (ix) all other costs, and any and all compensable interests, and/or damages, and/or claims, of any
<br /> kind and nature, claimed or to be claimed, suffered or to be suffered, by Tenant, its agents,
<br /> Redwood City Lease 10.04. 2010 v.5 (80 Chemical) 24
<br />
|