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<br />Quiet Possession
<br />
<br />Inspection
<br />
<br />Destruction
<br />
<br />Subrogation
<br />Waived
<br />
<br />Prevailing Wage
<br />Provision
<br />
<br />18. The Lessor agrees that the State, while keeping and performing the covenants herein contained, shall at all
<br />times during the existence of this lease, peaceably and quietly have, hold, and enjoy the leased premises without suit,
<br />trouble, or hindrance from the Lessor or any person claiming under Lessor.
<br />
<br />19. The Lessor reserves the right to enter and inspect the leased premises at reasonable times, and to render
<br />services and make any necessary repairs to the premises.
<br />
<br />20. If the leased pr~~ises aretotll]lydestroye~byfireor oth~rc~ulllty, this lease shall terminate. If such casualty
<br />shall render lOpsrcent(1e%)oIoIes~ofthe floor spaseof.the leasedp~~mises unusable for the purpose intended,
<br />Lessor shall effectTestqration of the premises as ql1iC!qYJ.1S is reasonably possible, but in any event within thirty (30)
<br />days.
<br />
<br />In the ~'{ent su~hc:a?l1altysl1allre~der more than tenperceIlt (19~)(jf s~f.hfloqnpa2e.~nusable but not constitute
<br />total. destrUc!ion, .~e~sor shall fOrtl1wit~ give n9ticet~ St~~e of the ?pecifjc nwnber of d~yS req~ired to repair the same.
<br />If. Le~s9r..undt:r.. ~uch circumstances shall not give suo ch notice within fift.een...(....I.5) ca. I.e... qd.'.14"'. d...llY. s,~.....fter such destruction,
<br />o~ if such notice shall specify that such repairs will require m?re;rhar>~in~tY((O).Mystqrq~j:llete from date such
<br />nqtiSS is given, State, in either such event, at itsi option may tel"~i~~te,!hi? le<l.ll~ oS~.l.Ipon. ~?tic~ to Lessor, may
<br />~ainrain occupancy and elect to undertake the r~pairs itself, dsfl~qtin?tl1e costtl1ereof frol11 tl1erental due or to
<br />become due.underthis lease and any other lease between.Les~orand State,'
<br />
<br />":,.... '(-.' ;::0, ;,
<br />';,-,,':"".'.'-;," .,.',.. ," ...... .c.,':" '....
<br />,__. .'.. ..__,__ .,...... - - - ',.:"_::_, .... ',0', ,." _.'."""_,._ ..c.... _,
<br />
<br />In the event of any such destruction other than total; where the State has, not terminated the lea~e as herein
<br />provided, or pursuant to the terms hereof has not elected to make the repairs itself, Lessor shall diligently prosecute the
<br />repair of said premises and, in any event, if said repairs are not completed within .the period of thirty (30) days for
<br />destruction aggregating ten percent (10%) or less of the floor space, or within the period specified in Lessor's notice in
<br />connection with partial destruction aggregating more than ten percent (10%), the State shall have the option to
<br />terminate this lease or complete the repairs itself, deducting the cost thereof from the rental due or to become due
<br />. tinder thiS-lease' ana any other lease between Lessor aHa State.
<br />
<br />. . .
<br />In the event the State remains in possession of said premises though partially damaged, the rental as herein
<br />provided shall be reduced by the same ratio as the net square feet the State is thus precluded from occupying bears to
<br />the total net square feet in the leased premises. "Net square feet" shall mean actual insi,de dimensions ,and shall not
<br />include public corridors, stairwells, elevators, and restrooms.
<br />
<br />It is understood and agreed that the Stateor its agent has the right to enter its destroyed or partially destroyed leased
<br />facilities no matter what the condition. At the State's request, the Lessor shall immediately identify an appropriate
<br />route through the building to access the State leased space. Ifthe Lessor cannot identify an appropriate access route, it
<br />is agreed that the State may use any and all means of access at its discretion in order to enter its leased space.
<br />
<br />21. To the extent authorized by any fire and extended coverage insurance policy issued to Lessor on the herein
<br />leased premises, Lessor hereby waives the subrogation rights of the insurer, and releases the State from liability for
<br />any loss or damage covered by said
<br />
<br />22.
<br />
<br />For those projec;!s ?Sfined as."publ!c""orks" pursuant tO~ll.bor Code g 1720.2, the following shall apply:
<br />A. LessorJcontractor ShalL S9rnply;vi!hprevailing wage requirements and be subject to restrictions and
<br />penalties in accordance with gI770 et seq. of the Labor Code which requires prevailing wages be paid
<br />to appropriate work classifications in all bid specifications and subcontracts.
<br />B. The Lessor/contractor shall furnish all subcontractors/employees a copy of the Department ofIndustrial
<br />Relations prevailing wage rates which Lessor will post at the job site. All prevailing wage rates shall be
<br />obtained by the Lessor/contractor from:
<br />Department ofIndustrial Relations
<br />Division of Labor Statistics and Research
<br />455 Golden Gate Avenue, 8th Floor
<br />San Francisco, California 94102
<br />C. Lessor/contractor shall comply with the payroll record keeping and availability requirement of g 1776 of
<br />the Labor Code.
<br />
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<br />25K-10
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