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<br /> <br />Page - 5 “RESD Standard Sublease” – (Rev-2/20) <br />to this right to enter the premises prior to State's acceptance and occupancy of the premises. <br />Sublessor agrees to indemnify and hold State and its agents, contractors or other representatives <br />harmless from and against any claims, damages, injury or other harm suffered by reason of the <br />negligence or other wrongful act of Sublessor or any of Sublessor's agents, contractors, or other <br />representatives. <br />In no event shall the exercise of this right of entry be construed so as to cause an acceleration <br />of the occupancy date of this sublease or the obligation of the State to pay rent. <br />Sublessor and State shall each make all reasonable efforts to ensure that the respective <br />construction and installation work is scheduled in such a manner so as to not interfere with or <br />delay the other. <br />In the event that one or the other party causes a delay in the other party’s work, such injured <br />party shall be compensated in the following manner: <br />Delays caused by the Sublessor: <br />Credit the State a compensating day of delay in the occupancy date and corresponding day of <br />delay in payment of rent. <br />Delays caused by the State: <br />Credit the Sublessor a compensating day of payment of rent from the actual date of occupancy. <br />Compensation will be in one day increments. <br />The parties agree that this shall be the sole remedy for delay, in that the calculation of <br />damages in any other manner is too uncertain and not susceptible of accurate determination. <br />8. Sublessor agrees that if the subleased premises are ready for occupancy prior to the <br />completion date specified above in Paragraph 6, State may elect to occupy the premises on the <br />earliest date practical after its receipt of the herein required completion notice. The rent payable <br />for any such early occupancy by the State shall be at the rate of $ per month, and shall be prorated <br />on a daily basis for any partial month. <br />9. No rental shall accrue under this sublease, nor shall the State have any obligation to <br />perform the covenants or observe the conditions herein contained until the subleased premises <br />have been made ready for occupancy in accordance with the provisions hereof. It is specifically <br />agreed that in the event the subleased premises are not completed and ready for occupancy by <br />the State on or before , then and in that event the State may, at its option and in addition to any <br />other remedies it may have, terminate this sublease and be relieved of any further obligations <br />hereunder, providing that a fair and reasonable allowance for the following delays shall be added <br />to said time for completion: <br />A. Acts of the State, its agents or employees, or those claiming under agreement with or <br />grant from the State; or by <br />B. The acts of God, which Sublessor could not reasonably have foreseen or guarded against; <br />or by <br />C. Any strikes, boycotts or like obstructive actions by employees or labor organizations and <br />which are beyond control of Sublessor, and which cannot be reasonably overcome; or by <br />D. Restrictive regulations by the Federal Government which are enforced in connection with <br />a National Emergency. <br />It is understood by all parties hereto that it shall be the Sublessor’s responsibility to remove <br />any prior tenant. <br />Early <br />Occupancy <br />Time limit and <br />Prior Tenancy