011
<br /> not materially interfere with or impair the Tenant's use of the Leased Premises. No diminution
<br /> or abatement of fixed rent or other compensation shall be claimed by the Tenant, nor shall this
<br /> lease or any of the obligations of the Tenant hereunder be affected or reduced by reason of
<br /> such interruption, stoppage, or curtailment, nor shall the same give rise to a claim in the
<br /> Tenant's favor that such failure constitutes total or partial eviction from the Leased Premises,
<br /> provided that if the Leased Premises shall be unreasonably untenantable for a continuous
<br /> period of more than four business days by reason of any such stoppage, the fixed rent payable
<br /> by the Tenant shall abate until the Tenant shall be again able to use the Leased Premises.
<br /> 24. Destruction by Fire or Other Casualty. In the event the premises or any
<br /> substantial portion thereof are destroyed by fire or other casualty during the term of this lease,
<br /> it is understood and agreed that County shall have no obligation to rebuild, and, at the election
<br /> of County or Tenant the lease may be terminated.
<br /> 25. Condemnation. If the whole of the Leased Premises, or such portion thereof as
<br /> will make the Leased Premises unsuitable for the purposes herein leased, is condemned for
<br /> any public use or purpose by any legally constituted authority, then in either of such events this
<br /> lease shall cease from the time when possession is taken by such public authority and rental
<br /> shall be accounted for between the County and the Tenant as of the date of the surrender of
<br /> possession. Such termination shall be without prejudice to the rights of either the County or the
<br /> Tenant to recover compensation from the condemning authority for any loss or damage caused
<br /> by such condemnation. Neither the County nor the Tenant shall have any rights in or to any
<br /> award made to the other by the condemning authority.
<br /> 26. Assignment of Lease. The Tenant shall not assign, mortgage, or encumber
<br /> this lease, nor sublet or permit the Leased Premises or any part thereof to be used by others,
<br /> save and except direct clients of Tenant with whom Tenant has contractual agreements, without
<br /> the prior written consent of the County in each instance. If this lease is assigned, or if the
<br /> Leased Premises or any part thereof, is sublet, or occupied by anybody other than the Tenant
<br /> except as stated above, the County may, after an event of default, as hereinabove defined, by
<br /> the Tenant, collect rent for the assignee, subtenant, or occupant and apply the net amount
<br /> collected to the rent herein reserved. No such assignment, subletting, occupancy or collection
<br /> shall be deemed a waiver of this covenant, or the acceptance of this assignee, subtenant, or
<br /> occupant as tenant, or a release of covenants in this lease. The consent by the County to an
<br /> assignment or subletting shall not be construed to relieve the Tenant from obtaining the
<br /> consent in writing of the County to any further assignment or subletting. Provided, further,
<br /> County shall not unreasonably withhold consent to assignment.
<br /> 27. Assignment of Interest in Rents. The County shall have the right,
<br /> without selling its fee interest in the leased property or assigning its interest in this lease, to
<br /> assign from time to time the whole of the net rent at any time payable hereunder to persons,
<br /> firms, corporations, trusts or other entities designated by the County in a written notice to the
<br /> Tenant, and in any such case the Tenant shall pay the net rent, subject to the terms of this
<br /> lease, to the County's designee at the address mentioned in any such notice for the period
<br /> covered by such assignment.
<br /> 28. Exoneration from Liability. The County shall not be liable for any personal
<br /> injury to the Tenant or to its officers, agents and employees, or to any other occupant of any
<br /> part of the Leased Premises, irrespective of how such injury or damage may be caused,
<br /> whether from action of the elements or acts of negligence of the occupants of adjacent
<br /> properties, or any other persons; provided that nothing contained herein shall relieve the
<br /> 10
<br />
|