|
DocuSign Envelope ID: 63059793-9FA1-483A-BFED-F15879FAD285
<br />such appropriation or taking, and Tenant may file such claims as are permitted by law for the
<br />loss of its leasehold interest, business dislocation damages, moving expense, or other damages
<br />caused by such taking or appropriation. Tenant's right to receive compensation or damages for
<br />its fixtures or its personal property shall not be affected in any manner by this Lease,
<br />20. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all
<br />mechanic's liens, or other liens, for labor performed or materials furnished with respect to the
<br />Premises by or for Tenant.
<br />21. PARKING AREA: (a) All those portions of the SARTC which are not presently
<br />occupied by buildings and which are designated parking spaces within the parking structure shall
<br />be available for use by Tenant and Tenant's agents, employees, customers and invitees for
<br />parking and access to the public streets and highways (the "Parking Area"). Tenant further
<br />acknowledges that Landlord has entered into an agreement with the Orange County
<br />Transportation Authority for the constriction of the OC Streetcar at SARTC, which is
<br />anticipated to begin constriction in 2019, Such construction may affect the number of parking
<br />spaces available at any one time, though it is not possible to determine the precise effect at the
<br />time of this Lease. Active portions of Surface Parking Lots 1 and 2 are not available. Landlord
<br />will provide parking passes to identify all Tenant vehicles parked at SARTC.
<br />22, TENANT'S DEFAULT: (a) If Tenant shall default in payment of Rent, when due,
<br />Landlord shall forward written notice, pursuant to Section 22, of such default to Tenant, and the
<br />failure of Tenant to cure such default within seven (7) days after the date of receipt of such
<br />notice shall, at the sole option of Landlord, cause the termination of this Lease.
<br />(b) ' If Tenant shall default in the performance of any other terms or provisions
<br />of this Lease, and if Landlord shall give to Tenant written notice, pursuant to Section 22, of such
<br />default, and if Tenant shall fail to cure such default within thirty (30) days after receipt of such
<br />notice, Landlord at its sole option, shall cause the termination of this Lease immediately.
<br />23. HAZARDOUS SUBSTANCES: (a) As used herein, the term "Hazardous Substances"
<br />shall mean, without limitation, any substance that is biologically or chemically active or any
<br />hazardous, toxic, or dangerous waste, substance (including, but not limited to, lead -based paint,
<br />asbestos or petroleum derivative substances), or material defined as such in (or for purposes of)
<br />(i) any state, federal or local environmental laws, interpretive letters, regulations, decrees or
<br />ordinances, (ii) the Comprehensive Environmental Response, Compensation and Liability Act,
<br />as amended, (iii) the Resource Conservation and Recovery Act, (iv) any of the state or local
<br />"Super Fund", "Super Lien" or "Cleanup Lien" laws or (v) any other federal, state or local
<br />statute, law, ordinance, code, rule, interpretive letter, regulation, order or decree regulating,
<br />relating to or imposing liability or standards of conduct concerning any such substances or
<br />materials or any amendments or successor statutes with respect to any of the foregoing.
<br />(b) During the Term of this Lease, Tenant represents and warrants that no Hazardous
<br />Substances will be stored on the Premises and no Hazardous Substances will be discharged on
<br />the Premises by Tenant. Tenant agrees that such representations and warranties shall survive any
<br />
|