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aggregating ten percent (10%) or less of the floor space, or within the period specified in Owner's <br />notice in connection with partial destruction aggregating more than ten percent (10%), the <br />Occupant shall have the option to terminate this Occupancy Agreement or complete the repairs <br />itself, deducting the cost thereof from the rental due or to become due under this Occupancy <br />Agreement and any other Occupancy Agreement between Owner and Occupant. <br />In the event the Occupant remains in possession of said Premises though partially damaged, <br />the rental as herein provided shall be reduced by the same ratio as the net square feet the <br />Occupant is thus precluded from occupying bears to the total net square feet in the occupied <br />Premises. "Net square feet" shall mean actual inside dimensions and shall not include public <br />corridors, stairwells, elevators, and restrooms. <br />It is understood and agreed that the Occupant or its agent has the right to enter its destroyed <br />or partially destroyed occupied facilities no matter what the condition. At the Occupant's request, <br />the Owner shall immediately identify an appropriate route through the building to access the <br />Occupant occupied space. If the Owner cannot identify an appropriate access route, it is agreed <br />that the Occupant may use any and all means of access at its discretion in order to enter its <br />occupied space. <br />Subrogation 12. To the extent authorized by any fire and extended coverage insurance policy issued to <br />WaivedOwner on the herein occupied Premises, Owner hereby waives the subrogation rights of the <br />insurer, and releases the Occupant from liability for any loss or damage covered by said <br />insurance. <br />Reserved 13. INTENTIONALLY OMITTED. <br />Non- 14. During the performance of this Agreement, Owner and its subcontractors shall not deny <br />Discrimination the contract's benefits to any person on the basis of race, religious creed, color, national origin, <br />Clause ancestry, physical disability, mental disability, medical condition, genetic information, marital <br />status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and <br />veteran status, nor shall they discriminate unlawfully against any employee or applicant for <br />employment because of race, religious creed, color, national origin, ancestry, physical disability, <br />mental disability, medical condition, genetic information, marital status, sex, gender, gender <br />identity, gender expression, age, sexual orientation, or military and veteran status. Owner shall <br />insure that the evaluation and treatment of employees and applicants for employment are free of <br />such discrimination. <br />Owner and subcontractors shall comply with the provisions of the Fair Employment and <br />Housing Act (Gov. Code section 12900, et seq.), the regulations promulgated thereunder (Cal. <br />Code Regs., tit. 2, section 11000, et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division <br />3, Title 2 of the Government Code (Gov. Code sections 11135-11139.5), and the regulations or <br />standards adopted by the awarding state agency to implement such article. Owner shall permit <br />access by representatives of the Department of Fair Employment and Housing and the awarding <br />state agency upon reasonable notice at any time during the normal business hours, but in no case <br />less than 24 hours' notice, to such of its books, records, account, and all other sources of <br />information and its facilities as said Department or Agency shall require to ascertain compliance <br />with this clause. Owner and its subcontractors shall give written notice of their obligations under <br />this clause to labor organizations with which they have a collective bargaining agreement. (See <br />Cal. Code Regs., tit. 2, section 11105.) <br />Holding Over 15. In the event the Occupant remains in possession of the Premises after the expiration of <br />the Occupancy Agreement term, or any extension or renewal thereof, this Occupancy Agreement <br />shall be automatically extended on a month to month basis, subject to a thirty (30) day termination <br />by the Occupant and otherwise on the terms and conditions herein specified, so far as applicable. <br />If the last rental amount shown in Paragraph 4 included the amortization of a capital sum <br />Pege - 4 <br />