"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
<br />THAT THE CREDITOR OR RELEASING PARTY DOES NOT
<br />KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
<br />THE TIME OF EXECUTING THE RELEASE, WHICH IF
<br />KNOWN BY HIM OR HER WOULD HAVE MATERIALLY
<br />AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
<br />OR RELEASED PARTY."
<br />L see's Initials
<br />Notwithstanding anything to the contrary herein, the foregoing release in this Section 58 is not
<br />intended to and does not cover (i) any claims arising from a breach by Lessor of any Lessor's
<br />obligations under this Lease, or (Ili) any gross negligence, willful misconduct or fraud committed
<br />by Lessor.
<br />$9. Reservations. Lessee agrees to consent to Lessor's (i) grant of such easements, rights and
<br />dedications that Lessor deems necessary, (ii) recordation of parcel maps and restrictions, and
<br />(Ili) creation andtor installation of new utility raceways, only if such easements, rights,
<br />dedications, maps, restrictions, and utility raceways shall not, in Lessee's reasonable discretion,
<br />unreasonably interfere with the use of the Premises by Lessee or otherwise materially negatively
<br />impact Lessee's use or occupation of the Premises; and in such event, Lessee agrees to sign any
<br />documents reasonably requested by Lessor to effectuate such rights so long as such documents do
<br />not impose any cost or liability on Lessee which is non-de-Minimis, Lessor further reserves the
<br />right to change the name by which the Building or the Project (if any) is called with Lessee's
<br />prior written consent which shall not be unreasonably withheld.
<br />60. Assignment and Subletting. Lessee shall have no right to, and shall not, assign, sublet or
<br />otherwise transfer all or any portion of the Premises or its rights under and to this Lease without
<br />the prior written consent of Lessor, which such consent may be given or denied in Lessor's sole
<br />and absolute discretion (and which such consent may be conditioned upon Lessee entering into a
<br />lease guaranty ("Lease Guaranty") in favor of Lessor (upon terms and conditions reasonably
<br />acceptable to Lessor), whereby Lessee guaranties the performance by such assignee. Any
<br />assignment, subletting or transfer without such consent shall be a non -curable Default and Breach
<br />hereunder, without any prior notice need being given. Notwithstanding the foregoing, Lessee
<br />shall have the right to enter into one or more agreements (collectively, with any extension,
<br />renewal, amendment or replacement thereof, the "City Agreements") with an established third
<br />party operator of similar situated homeless navigation centers as the Shelter ('"third Party
<br />Operator), provided, however, that Lessee shall have first provided the name of such proposed
<br />Third Party Operator, and the terms of the City Agreements and provided further, that no such
<br />City Agreement shall modify or amend Lessee's obligations under this Lease.
<br />61, Insurance, Notwithstanding anything to the contrary set forth in the Farm Lease, Lessee shall
<br />carry and maintain, at its sole cost and expense, the following insurance: (1) Commercial General
<br />Liability Insurance (occurrence form) including coverage for death, bodily injury, with coverage
<br />for vandalism and malicious mischief, broad form property damage, contractual liability, owner's
<br />protective, host liquor liability and products/compieted operations with coverage limits as
<br />reasonably required by Lessor from time to time, but in no event less than Five Million Dollars
<br />($5,000,000.00), combined each occurrence and in the aggregate insuring against any and all
<br />liability of the Lessee with respect to the Promises and all areas appurtenant thereto or arising out
<br />12926"7.1
<br />
|