R2023-050 - Laserfiche WebLink

Home Browse Search

10.2.2. TTIE LANDLORD AND TENANT SPECIFICALLY AGREE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO ANY CLAIM OF INJURY OR DAMAGE TO TIIE PERSONS OR PROPERTY OF THE TENANT'S EMPLOYEES, AND TENANT ACKNOWLEDGES AND AGREES TTIAT AS TO SUCH CLAIMS, TENANT, WITH RESPECT TO LANDLORD, DOES FIEREBY WAIVE ANY RIGHT OF IMMI]NITY WHICH TENANT MAY HAVE UNDER INDUSTRIAL INSURANCE (TITLE 5I RCW AS AMENDED AND LINDER ANY SUBSTITUTE OR REPLACEMENT STATUTE). THIS WAIVER AND AGREEMENT WAS SPECIFICALLY NEGOTIATED BY LANDLORD AND TENANT AND IS SOLELY FOR TIIE BENEFIT OF LANDLORD AND TENANT AND THEIR SUCCESSORS AND ASSIGNS AND IS NOT INTENDED AS A WAIVER OF TENANT'S RIGHTS OF IMMLINITY UNDER SAID INDUSTRIAL INSURANCE FOR ANY OTHER PURPOSE. Landlord/Tenant Initials: I Section shall be limited to the extent oflandlord's negligence, and that ofits agents, employees, sublessees, licensees or contractors, including Landlord's proportional share ofcosts, attomeys' fees, and expenses incurred in connection with any claim, action or proceeding brought with respect to such injury or damage. 10.2.3. Survival. The obligations of Tenant under this Section arising by reason of any occurence taking place during the term of this kase shall survive the expiration or earlier termination of this Lease. 11. EMINENTDOMAIN. 11.1. Total Taking. If all the Premises are taken by the power of eminent domain exercised by any govemmental or quasi-govemmental authority, this Lease shall terminate as of the date Tenant is required to vacate the Fremises and all Rent and other charges due hereunder shall be paid to ttrat date. The term "eminent domain" shall include the taking or damaging of properly by, ttrrough or under any governmental or quasigovemmental authority, and any purchase or acquisition in lieu thereof, whether or not the damaging or taking is by the goverffnent or any other person' 11.2. Partial Taking. If more than eleven (117o) percent of the floor area of the Premises shall be taken or appropriated, this Lease may, at the option of either party, be terminated by written notice given to the other party not more ttran tirirfy (30) days after Landlord and Tenant receive notice of the taking or appropriation, and such termination shall be effective as of the date when Tenant is required to vacate the portion of the Premises so taken. In the event that more than ten percent (107o) ofttre parking areas or other Common Areas ofthe Property or any access point to an adjacent sfteeg roui, high*uy or avenue shall be taken or appropriated, then the Landlord may at its option terminate this Lease by written notice g-iven io Tenant within sixty (60) days of the date of such taking. If this Lease is so terminated, all Rent and other chargeJ due hereunder shall be paid to the date of termination. Whenever any portion of the Premises or Common Areas *. tik n by eminent domain and this Lease is not terminated, Landlord shall at its expense proceed with all reasonable dispatch to restore, to the extent that it is reasonably prudent to do so, the remainder of the Premises and Common Area to the condition it was in immediately prior to such taking, and Tenant shall at its expense proceed with all reasonable dispatch to restore its flxtures, fumiture, fumishings, leasehold improvements, floor covering and equipment to the same condition they were in immediately prior to such taking. From the date Tenant is required to vacate that portion of the Premises taken, the Minimum Rent payable hereunder shall be reduced in the same proportion that the area taken bears to the tctal area of the Premises prior to taking. 11.3. Damages. Landlord reserves all rights to the entire damage award or payment for any taking by eminent domain, and Tenant shall make no claim whatsoever against Landlord for damages for termination of its leasehold interest in the Premises or for interference with its business. Tenant hereby grants and assigns to Landlord any right Tenant may now have or hereafter acquire to such damages and agrees to execute and deliver such further instruments of assignment thereof as Landlord .uy irorn time to time iequest. Tenant shall, however, have the right to claim from the condemning authority all compensation that may be recoverable by Tenant on account ofany loss incurred by Tenant in removing Tenant'i merchandise, fumiture, trade fixfures and equipment or for damage to Tenant's business; provided, however, that Tenant may claim such damages only if ttrey are awarded separately in the eminent domain proceeding and not as part of Landlord's damages. 12. RECONSTRUCTIONOFTHEPREMISES. Commercial Building Lease Page l0 of26