"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FA YOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HA VE MATERIALLY AFFECTED HIS OR HER SE'ITLEMENT WITH THE DEBTOR OR RELEASED PARTY,"
<br />Notwithstanding anything to the contrary herein, the foregoing release in this Section 58 is not 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 (Ui) any gross negligence, willful misconduct or fraud committed
<br />by Lessor.
<br />59.Reservations. Lessee agrees to consent to Lessor's (i) grant of such easements, rights anddedications that Lessor deems necessary, (ii) recordation of paroel maps and restrictions, and(iii)creation and/or installation of new utility raceways, only if such easements, rights,
<br />dedications, maps, restrictions, and utility raceways shall not, in Lessee's reasonable discretion,unreasonably interfere with the use of the Premises by Lessee or otherwise materially negativelyimpact Lessee's use or oooupntion of the Premises; and in such event, Lessee agrees to sign anydocuments reasonably requested by Lessor to effectuate such rights so long as such documents donot impose any cost or liability on Lessee which is non-de-Minimis. Lessor further reserves theright to change the name by which the Building or the Project (if any) is called with Lessee'sprior written consent which shall not be unreasonably withheld.
<br />60.t.\s signment and Subletting. Lessee shall have no right to, and shall not, assign, sublet orotherwise transfer all or any portion of the Premises or its rights under and to this Lease withoutthe prior written consent of Lessor, which such consent may be given or denied in Lessor's soleand absolute discretion (and which such consent may be conditioned upon Lessee entering Into alease guaranty ("Lease Guaranty") in favorofl.essor(upon terms and·conditions reasonablyacceptable to Lessor), whereby Lessee guaranties the performance by such assignee. Anyassignment, subletting or transfer without such consent shall be a non-curable Default and Breachhereunder, without any prior notice need being given. Notwithstanding the foregoing, Lesseeshall have the right to enter into one or more agreements (collectively, with any extension,renewal, amendment or replacement thereof, the "City Agreements") with an established thirdparty operator of similar situated homeless navigation centers as the Shelter ("Third PartyOperator), provided, however, that Lessee shall have first provided the name of such proposedThird Party Operator, and the tem1s of the City Agreements and provided further, that no suchCity Agreement shall modify or amend Lessee's obligations under this Lease.
<br />6 l. Insurance. Notwithstanding anything to the contrary set forth in the Form Lea,e, Le,see shallcarry and maintain, at its sole cost and expense, the following insurance: (i) Commercial GeneralLiability Insurance (occurrence form) including coverage for death, bodily injury, with coveragefor vandalism and malicious mischief, broad fonn property damage, contractual liability, owner'sproteetive, host liGuor liability ond products/completed operations with coverage litnits asreasonably required by Lessor from time to time, but in no event less than Five Million Dollars($5,000,000.00), combined each occurrence and in the aggregate insuring against any and allliability of the Lessee with respect to the Premises and all areas appurtenant thereto or arising out
<br />5
<br />12926447.l
<br />EXHIBIT 1
|