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<br />Page - 11 “RESD Standard Sublease” – (Rev-2/20)
<br />responsibilities under this sublease as to repairs, maintenance, and servicing of the premises and
<br />any or all related equipment, fixtures, and appurtenances.
<br />26. Sublessor agrees that the rental provided under the terms of Paragraph 4 hereof is based
<br />in part upon the costs of the services, utilities, and supplies to be furnished by Sublessor in
<br />accordance with Paragraph 13 hereof. In the event the State vacates the premises prior to the
<br />end of the term of this sublease, or, if after notice in writing from the State, all or any part of such
<br />services, utilities, or supplies for any reason are not used by the State, then, in such event, the
<br />monthly rental as to each month or portion thereof as to which such services, utilities, or supplies
<br />are not used by the State shall be reduced by an amount equal to the average monthly costs of
<br />such unused services, utilities, or supplies during the six-month period immediately preceding the
<br />first month in which such services, utilities, or supplies are not used.
<br />27. In the event the State remains in possession of the premises after the expiration of the
<br />sublease term, or any extension or renewal thereof, this sublease shall be automatically extended
<br />on a month to month basis, subject to thirty (30) days termination by either party, and otherwise
<br />on the terms and conditions herein specified, so far as applicable. If the last rental amount shown
<br />in Paragraph 4 included the amortization of a capital sum expended by Sublessor for certain
<br />alterations and improvements, as described in a separate paragraph herein, and the capital sum
<br />has been fully amortized, the holdover rent shall be reduced by the amount of the monthly
<br />amortization. If the State fails to vacate the premises within the notice period and remains for an
<br />extended period, additional rent shall be paid and prorated on a thirty (30) day month, based on
<br />the actual number of days the State occupies the premises following the effective date of
<br />termination. In the event the Holding Over period lasts longer than one hundred and eighty (180)
<br />days, the State may unilaterally, reduce the monthly rent to seventy percent (70%) of the last
<br />base rental amount paid less any amortization under paragraph (4). Notwithstanding the
<br />aforementioned option to reduce the monthly rent; anytime during the Holding Over period, the
<br />State may unilaterally relinquish any proportion of the Premises thereby reducing the net usable
<br />square feet specified in paragraph (1) herein and reduce the monthly rent in proportion to the
<br />reduction in net usable square feet. It is understood and agreed by and between the parties that
<br />the State, at the State’s sole option, may unilaterally amend the sublease to exercise options
<br />described herein.
<br />28. Upon termination or expiration of this sublease, the State will peacefully surrender to the
<br />Sublessor the subleased premises in as good order and condition as when received, except for
<br />reasonable use and wear thereof and damage by earthquake, fire, public calamity, the elements,
<br />acts of God, or circumstances over which State has no control or for which Sublessor is
<br />responsible pursuant to this sublease. The State shall have no duty to remove any improvements
<br />or fixtures placed by it on the premises or to restore any portion of the premises altered by it, save
<br />and except in the event State elects to remove any such improvements or fixtures and such
<br />removal causes damages or injury to the subleased premises, and then only to the extent of any
<br />such damage or injury.
<br />29. Time is of the essence of this sublease, and the terms and provisions of this sublease
<br />shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators,
<br />successors, and assigns to the respective parties hereto. All of the parties hereto shall be jointly
<br />and severally liable hereunder.
<br />30. It is mutually understood and agreed that no alterations or variations of the terms of this
<br />sublease shall be valid unless made in writing and signed by the parties hereto, and that no oral
<br />understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
<br />Service Credit
<br />Holding Over
<br />Surrender of
<br />Possession
<br />Time of
<br />Essence,
<br />Binding upon
<br />Successors
<br />No Oral
<br />Agreements
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