Laserfiche WebLink
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br />THAT THE CREDITOR OR RELEASING PARTY DOES NOT <br />KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT <br />THE TIME OF EXECUTING THE RELEASE, WHICH IF <br />KNOWN BY HIM OR HER WOULD HAVE MATERIALLY <br />AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR <br />OR RELEASED PARTY.” <br />Lessee’s Initials <br />Notwithstanding anything to the contrary herein, the foregoing release in this Section 58 is not <br />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 (iii) 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 and <br />dedications that Lessor deems necessary, (ii) recordation of parcel maps and restrictions, and <br />(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, <br />unreasonably interfere with the use of the Premises by Lessee or otherwise materially negatively <br />impact Lessee’s use or occupation of the Premises; and in such event, Lessee agrees to sign any <br />documents reasonably requested by Lessor to effectuate such rights so long as such documents do <br />not impose any cost or liability on Lessee which is non-de-Minimis. Lessor further reserves the <br />right to change the name by which the Building or the Project (if any) is called with Lessee’s <br />prior written consent which shall not be unreasonably withheld. <br />60. Assignment and Subletting. Lessee shall have no right to, and shall not, assign, sublet or <br />otherwise transfer all or any portion of the Premises or its rights under and to this Lease without <br />the prior written consent of Lessor, which such consent may be given or denied in Lessor’s sole <br />and absolute discretion (and which such consent may be conditioned upon Lessee entering into a <br />lease guaranty (“Lease Guaranty”) in favor of Lessor (upon terms and conditions reasonably <br />acceptable to Lessor), whereby Lessee guaranties the performance by such assignee. Any <br />assignment, subletting or transfer without such consent shall be a non-curable Default and Breach <br />hereunder, without any prior notice need being given. Notwithstanding the foregoing, Lessee <br />shall have the right to enter into one or more agreements (collectively, with any extension, <br />renewal, amendment or replacement thereof, the “City Agreements”) with an established third <br />party operator of similar situated homeless navigation centers as the Shelter (“Third Party <br />Operator), provided, however, that Lessee shall have first provided the name of such proposed <br />Third Party Operator, and the terms of the City Agreements and provided further, that no such <br />City Agreement shall modify or amend Lessee’s obligations under this Lease. <br />61. Insurance. Notwithstanding anything to the contrary set forth in the Form Lease, Lessee shall <br />carry and maintain, at its sole cost and expense, the following insurance: (i) Commercial General <br />Liability Insurance (occurrence form) including coverage for death, bodily injury, with coverage <br />for vandalism and malicious mischief, broad form property damage, contractual liability, owner’s <br />protective, host liquor liability and products/completed operations with coverage limits as <br />reasonably required by Lessor from time to time, but in no event less than Five Million Dollars <br />($5,000,000.00), combined each occurrence and in the aggregate insuring against any and all <br />liability of the Lessee with respect to the Premises and all areas appurtenant thereto or arising out <br />12926447.1 <br />5