<br />Santa Ana River Channel
<br />E01-R1552
<br />
<br />TENANT'S failure to comply with the provisions of this clause shall constitute a serious breach of this
<br />Lease and DISTRICT may immediately terminate this Lease.
<br />
<br />5. LEASE ORGANIZATION (PMGE5.2 S)
<br />
<br />The various headings and numbers herein, the grouping of provisions of this Lease into separate clauses
<br />and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be
<br />considered otherwise.
<br />
<br />6. AMENDMENTS (PMGE6.2 S)
<br />
<br />This Lease is the sole and only agreement between the parties regarding the subject matter hereof; other
<br />agreements, either oral or written, are void. Any changes to this Lease shall be in writing and shall be
<br />properly executed by both parties.
<br />
<br />7. UNLAWFUL USE (PMGE7.2 N)
<br />
<br />TENANT agrees no improvements nor vending machines shall be erected, placed upon, operated, nor
<br />maintained within the Premises, nor any business conducted or carried on therein or therefrom, in
<br />violation of the terms of this Lease, or of any regulation, order oflaw, statute, bylaw, or ordinance of a
<br />governmental agency having jurisdiction.
<br />
<br />8. NONDISCRIMINATION (pMGE8.2 S)
<br />
<br />TENANT agrees not to discriminate against any person or class of persons by reason of sex, age, race,
<br />color, creed, physical handicap, or national origin in employment practices and in the activities
<br />conducted pursuant to this Lease. TENANT shall make its accommodations and services available to
<br />the public on fair and reasonable terms.
<br />
<br />9. INSPECTION (PMGE9.2 S)
<br />
<br />DISTRICT or its authorized representative shall have the right at all reasonable times to inspect the
<br />Premises to determine if the provisions of this Lease are being complied with.
<br />
<br />10. HOLD HARMLESS (PMGE10.2 S)
<br />
<br />TENANT hereby releases and waives all claims and recourse against DISTRICT, and County of Orange
<br />("COUNTY") including the right of contribution for loss or damage of persons or property, arising
<br />from, growing out of or in any way connected with or related to this Lease except claims arising from
<br />the concurrent active or sole negligence of DISTRICT and/or COUNTY, their officers, agents,
<br />employees and contractors. TENANT hereby agrees to indemnify, defend (with counsel approved in
<br />writing by DISTRICT), and hold harmless, DISTRICT and COUNTY, their elected and appointed
<br />_ officials, officers, agents, employees and contractors against any and all claims, losses, demands,
<br />damages, cost, expenses or liability for injury to any persons or property, arising out of the operation or
<br />maintenance of the property described herein, and/or TENANT'S exercise of the rights under this Lease,
<br />except for liability arising out of the concurrent active or sole negligence of DISTRICT, and/or
<br />COUNTY, their elected and appointed officials, officers, agents, employees or contractors including the
<br />cost of defense of any lawsuit arising therefrom. If DISTRICT or COUNTY is/are named as
<br />co-defendant(s) in a lawsuit, TENANT shall notify DISTRICT of such fact and shall represent
<br />DISTRICT/COUNTY in such legal action unless DISTRICT/COUNTY undertakes to represent
<br />
<br />17th Street Triangle Lease (07.01.09) Gen. Condo
<br />
<br />ii
<br />
|