CA EMPLOYMENT DEV DEPT 5 - 2005 - Laserfiche WebLink

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Early Time Prior 777"M WTMMI, In no event shall the exercise of this right of entry be construed so as to cause an acceleration of the occupancy date of this lease or the obligation of the State to pay rent. Lessor and State shall each make all reasonable efforts to ensure that the respective construction and installation work is scheduled in such a manner so as to not interfere with or delay the other. In the event that one or the other party causes a delay in the other party's work, such injured party shall be compensated in the following manner: Delays caused by the Lessor: Credit the State a compensating day of delay in the occupancy date -and corresponding day of delay in payment of rent. Delays caused by the State: ' Credit the Lessor a compensating. day of payment of rent from the actualdate,of occupancy. :. Compensation will be in one day increments. The parties agree that this shall be the sole remedy for delay, in that the"calculation of damages in: any, other manner is too uncertain and not susceptible of accurate determination. , ancy , . $: Lessor agrees that if the leased premises we ready for occupancy prior to the opmplenon daft spepified above in Paragraph 6,•,Statg may elect to 'occupy the premises on:the earliest date prac11 tical after its"reicelpt oftheherein y ` required completion notice. The rent payable for any such early occupancy by the State shall be at theiate of SIX THOUSAND EIGHT HUNDRED SIXTY-EIGHT AND Nnfi on ( 686R.0 0) per rionfh; and. shall be prorated on a daily basis for any partial month. rd 9. No rental shall; accrue under this lease, nor shall the+State have any obligation to perform the covenants or :y observe the conditions herein contained until the leased premises have been made ready for occupancy to accordance with the provisions hereof. It is specifically agreed that in the event fire leaseCi;remises are not completed and ready for ocfapancy by the ;State on or before Aapdsty 1. 2005, then and, In that event the State may, at, its option and in addition tfii any, other remedies it may have, terminate this lease and h�, relieved of any, further obligations hereunder, provttlmg that a fair and reasonable allowance for the following delays shall lie added to said time for completion: A. Actsofthe State, its agents or employees,, or those claiming,under agreement with or' grant from the State; 'orby ` B. The acts of God which Lessor could not reasonably have foreseen or guarded against; or by .. C. Any strikes; boycotts or like obstructive actions by employees or labor organizations and which are beyond control of Lessor, and which cannot be reasonably overcome; or by D. Restrictive regulations"by the Federal Government which are enforced in connection with a National Emergency. In the event that the State elects to occupy premises before the work on the premises specified in Exhibit A and B is fully completed, the State will provide the Lessor with 4 punch list of work remaining to be completed (referenced as the State's "Punch List"). Lessor agrees that Lessor shall complete the remaining work no later than 14 calendar days from the date of receipt of said Punch List. If said Punch List is not completed within the specified 14 -day period, Lessor agrees that, beginning on the first day after said 14 -day period following occupancy of premises by the State, rent may at the State's sole option be reduced to FOUR THOUSAND EIGHT HUNDRED SEVEN AND N0/100 ($4,807.00) which is Seventy Percent (70%) of the base rent specified in paragraph 4 herein (excluding any amortization payments) until such time that the Punch List work is completed in full and that such completion of work is inspected and accepted by the State. The portion of the rent specified for amortization of tenant improvements, if .any shall continue to be paid in full without interruption. Page -4