|
21
<br />system in the leased premises, the County shall have full and unrestricted access to the building
<br />and the Leased Premises. The County reserves the right temporarily to interrupt, curtail, stop
<br />or suspend air-conditioning and heating service, and all other utility or other services, because
<br />of accident or emergency or for repairs, alterations, additions, or improvements, or because of
<br />the County's inability to obtain, or difficulty or delay in obtaining, labor or materials necessary
<br />therefore or compliance with governmental restrictions in connection therewith, or because of
<br />any other cause beyond the County's reasonable control, provided that, except in cases of
<br />emergency, the County will use its best efforts to limit such stoppage to after-business hours,
<br />will notify the Tenant in advance, if possible, of any such stoppage, and, if ascertainable, its
<br />estimated duration, and will proceed diligently with the work necessary to resume such service
<br />as promptly as possible and in a manner and at times as will not materially interfere with or
<br />impair the Tenant's use of the Leased Premises.No diminution or abatement of fixed rent or
<br />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,
<br />stoppage, or curtailment, nor shall the same give rise to a claim in the Tenant's favor that such
<br />failure constitutes total or partial eviction from the Leased Premises, provided that if the
<br />Leased Premisesshall be unreasonably unoccupiable for a continuous period of more than five
<br />business days by reason of any such stoppage, the fixed rent payable by the Tenant shall
<br />abate until the Tenant shall be again able to use the Leased Premises.
<br />
<br />24. Destruction by Fire or Other Casualty. In the event thepremises 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 beterminated
<br />.
<br />25. Condemnation.If the whole of the Leased Premises, or such portion thereof
<br />as will make the Leased Premisesunsuitable for the purposes herein leased, is condemned for
<br />any public use or purpose by any legally constituted authority, thenin 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 Premisesor 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 Premisesor 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 construedto 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 />912
<br />Page of
<br />
<br />
|