of fixed rent or other compensation shall be claimed by the Tenant, nor shall this lease or any of the
<br /> obligations of the Tenant hereunder be affected or reduced by reason of such interruption, stoppage, or
<br /> curtailment, nor shall the same give rise to a claim in the Tenant's favor that such failure constitutes
<br /> total or partial eviction from the leased property, provided that if the leased property shall be
<br /> unreasonably untenantable for a continuous period of more than four business days by reason of any
<br /> such stoppage, the fixed rent payable by the Tenant shall abate until the Tenant shall be again able to
<br /> use the leased property.
<br /> 24. Destruction by Fire or Other Casualty. In the event the premises or any substantial
<br /> portion thereof are destroyed by fire or other casualty during the term of this lease, it is understood
<br /> and agreed that County shall have no obligation to rebuild, and , at the election of County or Tenant the
<br /> lease may be terminated
<br /> 25. Condemnation. If the whole of the leased property, or such portion thereof as will
<br /> make the leased property unsuitable for the purposes herein leased, is condemned for any public use
<br /> or purpose by any legally constituted authority, then in either of such events this lease shall cease from
<br /> the time when possession is taken by such public authority and rental shall be accounted for between
<br /> the County and the Tenant as of the date of the surrender of possession. Such termination shall be
<br /> without prejudice to the rights of either the County or the Tenant to recover compensation from the
<br /> condemning authority for any loss or damage caused by such condemnation. Neither the County nor
<br /> the Tenant shall have any rights in or to any award made to the other by the condemning authority.
<br /> 26. Assignment of Lease. The Tenant shall not assign, mortgage, or encumber this lease,
<br /> nor sublet or permit the leased property or any part thereof to be used by others, without the prior
<br /> written consent of the County in each instance. If this lease is assigned, or if the leased property or any
<br /> part thereof, is sublet, or occupied by anybody other than the Tenant, the County may, after an event of
<br /> default, as hereinabove defined, by the Tenant, collect rent for the assignee, subtenant, or occupant
<br /> and apply the net amount collected to the rent herein reserved. No such assignment, subletting,
<br /> occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of this assignee,
<br /> subtenant, or occupant as tenant, or a release of covenants in this lease. The consent by the County to
<br /> an assignment or subletting shall not be construed to relieve the Tenant from obtaining the consent in
<br /> writing of the County to any further assignment or subletting. Provided, further, County shall not
<br /> unreasonably withhold consent to assignment.
<br /> 27. Assignment of Interest in Rents. The County shall have the right, without selling its fee
<br /> interest in the leased property or assigning its interest in this lease, to assign from time to time the
<br /> whole of the net rent at any time payable hereunder to persons, firms, corporations, trusts or other
<br /> entities designated by the County in a written notice to the Tenant, and in any such case the Tenant
<br /> shall pay the net rent, subject to the terms of this lease, to the County's designee at the address
<br /> mentioned in any such notice for the period covered by such assignment.
<br /> 28. Exoneration from Liability. The County shall not be liable for any personal injury to
<br /> the Tenant or to its officers, agents and employees, or to any other occupant of any part of the leased
<br /> property, irrespective of how such injury or damage may be caused, whether from action of the elements
<br /> or acts of negligence of the occupants of adjacent properties, or any'other persons; provided that
<br /> nothing contained herein shall relieve the County of the consequences of his own negligence.
<br /> 29. Reimbursement of Expenses. The Tenant shall pay and indemnify the County against
<br /> all legal costs and charges, including counsel fees lawfully and reasonably incurred, in obtaining
<br /> possession of the leased premises after default of the Tenant or after the Tenant's default in
<br /> surrendering possession upon the expiration or earlier termination of the term of the lease or enforcing
<br /> any covenant of the Tenant herein contained. The Tenant further covenants that in case the County
<br /> shall be made party to any litigation commenced against the Tenant, due to act or omission on the part
<br /> of the Tenant alone, then the Tenant shall pay all expenses, costs, and reasonable attorney's fees
<br /> incurred by or imposed on the County in connection with such litigation, and such expenses, costs, and
<br />
|