|
the County any obligation, responsibility or liability for the care, supervision or repair of the
<br /> leased property other than as herein provided. In the event that it becomes necessary for
<br /> County to replace or repair any major component or any structural or other system in the leased
<br /> premises, the County shall have full and unrestricted access to the building and the leased
<br /> property. The County reserves the right temporarily to interrupt, curtail, stop or suspend air-
<br /> conditioning and heating service, and all other utility or other services, because of accident or
<br /> emergency or for repairs, alterations, additions, or improvements, or because of the County's
<br /> inability to obtain, or difficulty or delay in obtaining, labor or materials necessary therefore or
<br /> compliance with governmental restrictions in connection therewith, or because of any other
<br /> cause beyond the County's reasonable control, provided that, except in cases of Emergency,
<br /> the County will use its best efforts to limit such stoppage to after-business hours, will notify the
<br /> Tenant in advance, if possible, of any such stoppage, and, if ascertainable, its estimated
<br /> duration, and will proceed diligently with the work necessary to resume such service as
<br /> promptly as possible and in a manner and at times as will not materially interfere with or impair
<br /> the Tenant's use of the leased property. No diminution or abatement of fixed runt or other
<br /> compensation shall be claimed by the Tenant, nor shall this lease or any of the obligations of
<br /> 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
<br /> constitutes total or partial eviction from the leased property, provided that if the leased property
<br /> shall be unreasonably untenantable for a continuous period of more than four business days
<br /> by reason of any such stoppage, the fixed rent payable by the Tenant shall abate until the
<br /> Tenant shall be again able to use the leased property.
<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 property, or such portion thereof as
<br /> will make the leased property unsuitable for the purposes herein leased, is condemned for any
<br /> 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 property or any part thereof to be used by others,
<br /> without the prior written consent of the County in each instance. If this lease is assigned, or if
<br /> the leased property or any part thereof, is sublet, or occupied by anybody other than the Tenant,
<br /> the County may, after an event of default, as hereinabove defined, by the Tenant, collect rent for
<br /> the assignee, subtenant, or occupant and apply the net amount collected to the rent herein
<br /> reserved. No such assignment, subletting, occupancy or collection shall be deemed a waiver of
<br /> this covenant, or the acceptance of this assignee, subtenant, or occupant as tenant, or a
<br /> release of covenants in this lease. The consent by the County to an assignment or subletting
<br /> shall not be construed to relieve the Tenant from obtaining the consent in writing of the County
<br /> to any further assignment or subletting. Provided, further, County shall not unreasonably
<br /> withhold consent to assignment.
<br /> Page 9 of 12
<br />
|