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Agenda - 09-19-2017 - 8-c - Seal the Seasons, Inc. Lease – 501 W. Franklin Street - Suites 105 and 106
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Agenda - 09-19-2017 - 8-c - Seal the Seasons, Inc. Lease – 501 W. Franklin Street - Suites 105 and 106
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9/14/2017 4:35:50 PM
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BOCC
Date
9/19/2017
Meeting Type
Regular Meeting
Document Type
Agenda
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8c
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14 <br /> assignment authority from County. Such authority may only be granted in a written instrument <br /> approved by County. If this Lease is assigned, or if the Leased Premises or any part thereof, is <br /> sublet, or occupied by anybody other than the Tenant, the County may, after an event of default, <br /> as hereinabove defined, by the Tenant, collect rent for the assignee, subtenant, or occupant and <br /> 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 <br /> assignee, subtenant, or occupant as tenant, or a release or amendment of covenants in this <br /> Lease. The consent by the County to an assignment or subletting shall not be construed to <br /> relieve the Tenant from obtaining the consent in writing of the County to any further assignment <br /> or subletting. <br /> 27. Assignment of Interest in Rents. The County shall have the right, without <br /> selling its fee interest in the Leased Premises or assigning its interest in this Lease, to assign <br /> from time to time the whole of the net rent at any time payable hereunder to persons, firms, <br /> corporations, trusts or other entities designated by the County in a written notice to the Tenant, <br /> and in any such case the Tenant shall pay the net rent, subject to the terms of this Lease, to <br /> the County's designee at the address mentioned in any such notice for the period covered by <br /> such assignment. <br /> 28. Exoneration from Liability. The County shall not be liable and Tenant shall <br /> indemnify and defend County for any personal injury to the Tenant or to its officers, agents and <br /> employees, or to any other occupant of any part of the Leased Premises, regardless of how <br /> such injury or damage may be caused, whether from action of the elements or acts of <br /> negligence of the occupants of adjacent properties, or any other persons; provided that nothing <br /> contained herein shall relieve the County of the consequences of its own negligence. <br /> 29. Reimbursement of Expenses. The Tenant shall defend and indemnify the <br /> County against all legal costs and charges, including counsel fees lawfully and reasonably <br /> incurred, in obtaining possession of the Leased Premises after default of the Tenant or after the <br /> Tenant's default in surrendering possession upon the expiration or earlier termination of the <br /> term of the Lease or enforcing any covenant of the Tenant herein contained. The Tenant <br /> further covenants that in case the County shall be made party to any litigation commenced <br /> against the Tenant, due to act or omission on the part of the Tenant alone, then the Tenant <br /> shall pay all expenses, costs, and reasonable attorney's fees incurred by or imposed on the <br /> County in connection with such litigation, and such expenses, costs, and attorney's fees shall <br /> be additional rent due on the last day after services of notice of such payment or payments, <br /> together with interest at a rate of 9% per annum from the date of payment, and shall be <br /> collected as any other rent specifically reserved herein. Provided that this claim shall not be <br /> applicable where the County shall be made a party by reason of any independent liability of the <br /> County caused by some act or omission on the part of the County or resulting from any act or <br /> omission on the part of both Tenant and County. <br /> 30. Smoke Free Facility. Tenant acknowledges that County buildings are smoke- <br /> free. Tenant shall ensure that employees, customers or invitees of the Tenant abide by the <br /> County's ordinances and Board of Health Rules which prohibit smoking. <br /> 31. Weapons Prohibited. Tenant acknowledges that by law weapons are <br /> prohibited in County facilities. Tenant will ensure that employees, customers, or invitees of the <br /> Tenant abide by the County's ordinance that prohibits weapons in the facility. <br /> Page 10 of 12 <br />
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