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expended by Owner for certain alterations and improvements, as described in a separate
<br />paragraph herein, and the capital sum has been fully amortized, the holdover rent shall be
<br />reduced by the amount of the monthly amortization. If the Occupant fails to vacate the Premises
<br />within the notice period and remains for an extended period, additional rent shall be paid and
<br />prorated on a thirty (30) day month, based on the actual number of days the Occupant occupies
<br />the Premises following the effective date of termination.
<br />Surrender of 16. Upon termination or expiration of this Occupancy Agreement, the Occupant will
<br />Possession peacefully surrender to the Owner the occupied Premises in as good order and condition as when
<br />received, except for reasonable use and wear thereof and damage by earthquake, fire, public
<br />calamity, the elements, acts of God, or circumstances over which Occupant has no control or for
<br />which Owner is responsible pursuant to this Occupancy Agreement.
<br />Time of 17. Time is of the essence of this Occupancy Agreement, and the terms and provisions of
<br />Essence, this Occupancy Agreement shall extend to and be binding upon and inure to the benefit of the
<br />Binding upon heirs, executors, administrators, successors, and assigns to the respective parties hereto. All of
<br />Successors the parties hereto shall be jointly and severally liable hereunder.
<br />No Oral 18. It is mutually understood and agreed that no alterations or variations of the terms of this
<br />Agreements Occupancy Agreement shall be valid unless made in writing and signed by the parties hereto, and
<br />that no oral understanding or agreement not incorporated herein, shall be binding on any of the
<br />parties hereto.
<br />Insurance 19. Owner understands and agrees that the Occupant is self -insured for liability exposures.
<br />Under this form of insurance, the Occupant and its employees acting in the course and scope of
<br />their employment are insured for tort liability arising out of official Occupant business. All claims
<br />against Occupant based on tort liability should be presented as a government claim to the
<br />Government Claims Program through Occupant. (Gov. Code section 900, et. seq.)
<br />Hazardous 20. Occupant agrees that it will comply with all applicable laws existing during the term of this
<br />Substance Occupancy Agreement pertaining to the use, storage, transportation, and disposal of any
<br />hazardous substance as that term is defined in such applicable law. In the event Owner or any
<br />of its affiliates, successors, principals, employees, or agents should incur any liability, cost, or
<br />expense, including attorney's fees and costs, as a result of the Occupant's illegal or alleged illegal
<br />use, storage, transportation, or disposal of any hazardous substance, including any petroleum
<br />derivative, the Occupant shall indemnify, defend, and hold harmless any of these individuals
<br />against such liability, to the extent authorized by Government Code section 14662.5. Where the
<br />Occupant is found to be in breach of this provision due to the issuance of a government order
<br />directing the Occupant to cease and desist any illegal action in connection with a hazardous
<br />substance, or to remediate a contaminated condition caused by the Occupant or any person
<br />acting under Occupant's direct control and authority, Occupant shall be responsible for all costs
<br />and expenses of complying with such order, including any and all expenses imposed on or
<br />incurred by Owner in connection with or in response to such government order, to the extent
<br />authorized by Government Code section 14662.5. In the event a government order is issued
<br />naming the Occupant or the Occupant incurs any liability during or after the term of the Occupancy
<br />Agreement in connection with contamination which pre-existed the Occupant's obligations and
<br />occupancy under this Occupancy Agreement or which were not caused by the Occupant, Owner
<br />shall hold harmless, indemnify, and defend the Occupant in connection therewith and shall be
<br />solely responsible as between Occupant and Owner for all efforts and expenses thereto.
<br />Restoration of 21. Upon termination of this Occupancy Agreement, Owner agrees that the equipment
<br />Premises installed by the Occupant, if any, shall be and remain the property of the Occupant, and Occupant
<br />shall remove such property when vacating the Premises. Occupant shall restore all surfaces,
<br />including floors and walls, to the condition existing prior to its installation, including repair of
<br />damaged floor tile and patching and repainting damaged wall surfaces to match adjacent existing
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