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ORANGE, COUNTY OF SOCIAL SERVICES AGENCY
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ORANGE, COUNTY OF SOCIAL SERVICES AGENCY
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Last modified
2/25/2021 2:54:48 PM
Creation date
5/29/2019 10:05:57 AM
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Contracts
Company Name
ORANGE, COUNTY OF SOCIAL SERVICES AGENCY
Contract #
A-2019-071
Agency
Clerk of the Council
Council Approval Date
5/7/2019
Expiration Date
6/30/2023
Destruction Year
2028
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subject premises, the commercial property owner or Sublessor may not prohibit the lessee or tenant from <br />obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee <br />or tenant, if requested by the lessee or tenant. The Parties shall mutually agree on the arrangements for the <br />time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of <br />making any repairs necessary to correct violations of construction -related accessibility standards within the <br />premises." <br />Pursuant to California Civil Code 1938, Sublessor hereby represents that the Premises has not undergone an <br />inspection by a certified access specialist and no representations are made with respect to compliance with <br />accessibility standards. However, if it is determined that a violation of handicapped access laws (including <br />the Americans with Disabilities Act) existed at the Premises as of the Commencement Date, Sublessor shall <br />correct such non-compliance at Sublessor's cost. <br />57. FORCE MAJEURE (6.6 S) <br />For purposes of this Sublease, the tern "Force Majeure" means any of the following events which are beyond <br />the control of either Party: act of God, unavailability of equipment or materials (but only if such equipment <br />and materials were ordered in a timely fashion), enemy or terrorist act, act of war, riot or civil commotion, <br />strike, lockout or other labor disturbance, fire, earthquake, explosion, governmental delays (including <br />nonstandard delays in issuance of any permit or other necessary governmental approval or the scheduling of <br />any inspections or tests), nonstandard delays by third party utility providers, or any other matter of any kind <br />or character beyond the reasonable control of the Party delayed or failing to perform under this Sublease <br />despite such Party's best efforts to fulfill the obligation. "Best Efforts" includes anticipating any potential <br />force majeure event and addressing the effects of any such event (a) as it is occurring and (b) after it has <br />occurred, to prevent or minimize any resulting delay to the greatest extent possible. Force Majeure shall not <br />include inability to obtain financing or other lack of funds. Sublessor and County shall be excused for the <br />period of any delay in the performance of any obligation hereunder when such delay is occasioned by causes <br />beyond its control. <br />58. CONDEMNATION (6.7 S) <br />If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat <br />of the exercise of said power (collectively, "Condemnation"), this Sublease shall terminate as to the part <br />taken as of the date the condemning authority takes title or possession, whichever first occurs. If all or a <br />material portion of the rentable area of the Premises are taken by Condemnation, County may, at County's <br />option, to be exercised in writing within ten (10) days after Sublessor shall have given County written notice <br />of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall <br />have taken possession) terminate this Sublease as of the date the condemning authority takes such possession. <br />Sublessor shall also have the right to terminate this Sublease if there is a taking by Condemnation of any <br />portion of the Building or property which would have a material adverse effect on Sublessor's ability to <br />profitably operate the remainder of the Building. If neither Party terminates this Sublease in accordance with <br />the foregoing, this Sublease shall remain in full force and effect as to the portion of the Premises remaining, <br />except that the rent shall be reduced in proportion to the reduction in utility of the Premises caused by such <br />Condemnation. Condemnation awards and/or payments shall be the property of Sublessor, whether such <br />award shall be made as compensation for diminution in value of the Subleasehold, the value of the part taken <br />or for severance damages. County hereby waives any and all rights it might otherwise have pursuant to <br />Section 1265.130 of the California Code of Civil Procedure, or any similar or successor haws. <br />59. CONSENT OR APPROVAL (6.8 S) <br />ES: 9/20/18 Page 11 of 17 <br />SUBLEASE 801 Civic Center <br />
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