Res 1999-203 - Laserfiche WebLink

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In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by the Lessor covering the Premises, the Lessee shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Lessor under this Lease. 29. Parking Clause. Lessee agrees that it and its on-site employees shall park their motor vehicles only in the parking spaces designated by Lessor for tenants and employees of tenants at all times. Lessee agrees to enforce this provision of the Lease as regards its employees. 30. Utilities. No interruption or malfunction of any utility services shall constitute an eviction or disturbance of Lessee's use and possession of the Premises or a breach by Lessor of any of its obligations hereunder or render Lessor liable for any damage or entitle Lessee to be relieved from any of its obligations hereunder or grant Lessee any right of offset or repayment. Lessee agrees that it shall not install any equipment which shall exceed or overload the capacity of any utility facilities and that if any equipment installed by Lessee shall require additional utility facilities, the same shall be installed at Lessee's expense in accordance with plans and specifications to be approved in writing by Lessor. Lessee shall be solely responsible for and shall promptly pay all charges for use or consumption of its own utilities, electricity and garbage collection. Such payments shall be made directly to the supplier of any utility separately metered (or sub metered) to the Premises. In the event that any utility service to the Premises is not separately metered or sub-metered from other utility services in the building in which the Premises are located, Lessee agrees to pay, as additional rental, its proportionate share of any charge for such utilities, within five (5) days after being furnished a statement for such charges, reflecting its proportionate share. Lessee's proportionate share shall be estimated, based on Lessee's actual usage, determined in accordance with reasonable engineering criteria, taking into account the number of hours Lessee is open for business, the type of equipment used by Lessee, and other relevant factors. In addition, Lessee shall be responsible for maintenance of the mechanical system, including heating and air conditioning, serving the Premises. 31. Additional Rental. All payments called for to be made by the Lessee under the terms of this Lease for Taxes, Insurance, Common Area Maintenance Costs, parking violation charge, and all other charges and obligations owing by Lessee hereunder, shall be due and payable with the Minimum Rental payments. Lessee agrees to pay monthly, in advance, with the Minimum Rental payments, 1/12th of the estimated Common Area Maintenance Costs, Taxes, and Insurance expenses for the current calendar year, based on reasonable estimates made by Lessor and presented in writing to Lessee. In addition, at the end of each calendar year (or at such other time as actual expenses may be known), Lessee shall pay such additional amounts to Lessor as may be required for Lessee to pay its Pro Rata Share of such Common Area Maintenance Costs, Taxes, and Insurance expenses as herein above provided, within ten (10) days after receiving a statement for such charges from Lessor. In addition, if it is determined that the monthly payments made by Lessee are in excess of the actual expenses for Common Area Maintenance, Taxes, and Insurance for Lessee's Pro Rata Share, Lessor agrees to reimburse the same to Lessee in a timely manner. 32. Option to Renew. Provided Lessee has never been in default hereunder, Lessor agrees to grant Lessee the right to extend this Lease for one period(s) of five years each, provided that Lessee shall give notice in writing at least 90 days prior to the termination of the Lease period of its exercising the option to extend. All terms of the Lease shall remain the same except that the Minimum Rental shall be adjusted to 95 percent of the then current market rental rate for the Shopping Center. In no event shall the adjusted option period Minimum Rental be increased by less than five percent (5%) per year compounded over the base year Minimum Rental. 16 Lessee u.. Lessor /{LbJ