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8L Consent 2014 0616
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8L Consent 2014 0616
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6/30/2014 10:03:40 AM
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6/11/2014 10:53:34 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/16/2014
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_CC Agenda 2014 0616 CS+RG
(Reference)
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
Reso 2014-063
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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10 <br />the structure, or obstruct the sidewalks or passageways or stairways, in front of, <br />within or adjacent to the Premises, or do or permit to be done anything in any way <br />tending to unreasonably disturb the occupants of the Building. <br />A.Tenant shall promptly comply, at its sole expense, with all <br />present or future laws, orders, regulations and requirements ofall governmental <br />authorities relating to the Premises or the use or occupancy thereof, whether in <br />effect at the time of the execution of this Lease or adopted at any time thereafter and <br />whether or not within the present contemplation of the parties. Tenant further <br />understands and agrees that it is Tenant’s obligation, at its sole cost, to cause the <br />Premises and Tenant’s uses thereof to be conducted in compliance with the <br />Americans With Disabilities Act, 42 U.S.C.A.Sections 12101 et seq., and as <br />required by any similar statute or regulation, provided that Tenant and landlord have <br />the right to immediately terminate this Lease if the cost of complying with this <br />sentence exceeds $50,000. Tenant understands and agrees that Landlord shall not <br />be responsible and obligated to cause the Premises and Tenant’s uses thereof to be <br />conducted in compliance with the Americans with Disabilities Act, 42 U.S.C.A. <br />Section 12101 et seq., or any similar statute or regulation, and Tenant hereby <br />waives all rights to make such Americans With Disabilities Act capital improvements <br />at Landlord’s expense. Tenant also agrees to indemnify and hold Landlord <br />harmless against any claims, actions or lawsuits in which a violation of the American <br />with Disabilities Act, or any similar statuteor regulation, is alleged. Any alteration <br />and improvements made by or on behalf of Tenant pursuant to the provisions of this <br />Section shall comply with the provisionsof Section 9, Alteration and Improvements <br />and Section 10, Repairs and Maintenanceabove. The parties acknowledge and <br />agree that Tenant’s obligation to comply with all laws as provided herein is a <br />material part of the bargained for consideration under this Lease. Tenant’s <br />obligation under this Section shall include, without limitation, the responsibility of <br />Tenant to make substantial or structural repairs and alterations to the Premises <br />(including any of the Tenant’s improvements or alterations), regardless of, among <br />other factors, the relationship of the cost of curative action to the Rent under this <br />lease, the length of the then remaining Term hereof, the relative benefit of the <br />repairs to Tenant or Landlord, the degree to which the curative action may interfere <br />with Tenant’s use or enjoyment of the Premises, the likelihood that the parties <br />contemplated the particular law involved, and whether the law involved is related to <br />Tenant’s particular use of the Premises. Failure to comply with all lawsas provided <br />herein, ordinances, rulesor regulationsshall constitute a material breach of this <br />Lease. <br />13.WAIVER OF CLAIMS;INDEMNIFICATION: <br />A.Limitation on Landlord’s Liability; Waiver of Claims: Landlord <br />shall not be responsible for or liable to Tenant, and Tenant hereby assumes the risk <br />of, and waives and releases Landlord, its Invitees (as defined below), and its Agents <br />from all Claims (as defined below) for, any injury, loss or damage to any person or
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