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CABAN, GEORGE & ANCA DBA CAFÉ EXPRESS-2009
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CABAN, GEORGE & ANCA DBA CAFÉ EXPRESS-2009
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Last modified
1/2/2013 3:32:48 PM
Creation date
5/19/2010 1:46:01 PM
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Contracts
Company Name
CABAN, GEORGE & ANCA DBA CAFÉ EXPRESS
Contract #
A-2006-159-001
Agency
PUBLIC WORKS
Insurance Exp Date
4/29/2013
Destruction Year
0
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The waiver by Landlord of any breach by Tenant of any of the provisions of this <br />Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach <br />by Tenant either of the same or another provision of this Agreement. <br />ARTICLE 7 -HAZARDOUS MATERIALS <br />Section 7.01 <br />At the time of execution of this Agreement, Landlord warrants that the Premises is clean <br />and contains no known hazardous materials. Tenant represents and warrants that it will <br />comply with all environmental laws during the term of this Agreement; its use of the <br />Premises herein will not generate any hazardous substance, and it will not store or <br />dispose on the Premises nor transport to or over the Premises any hazardous substance. <br />Tenant further agrees to clean-up and remediate any hazardous substance on the Premises <br />and Property, and hold Landlord harmless from and indemnify Landlord against any <br />release of any such hazardous substance and any damage, loss, or expense or liability <br />resulting from such release including all attorneys' fees, costs and penalties incurred as a <br />result thereof except any release caused by the negligence of Landlord, its employees or <br />agents. "Hazardous substance" shall be interpreted broadly to mean any substance or <br />material defined or designated as hazardous or toxic waste, hazardous or toxic material, <br />hazardous or toxic or radioactive substance, or other similar term by any federal, state or <br />local environmental law, regulation or rule presently in effect or promulgated in the <br />future, as such laws, regulations or rules may be amended from time to time; and it shall <br />be interpreted to include, but not be limited to, any substance which after release into the <br />environment will or may reasonably be anticipated to cause sickness, death or disease. <br />ARTICLE 8 - MISCELLANEOUS <br />Section 8.01 Force Majeure - Unavoidable Delays <br />Should the performance of any act required by this Agreement to be performed by either <br />Landlord or Tenant be prevented or delayed by reason of an act of God, strike, lockout, <br />labor troubles, inability to secure materials, restrictive governmental laws or regulations, <br />or any other cause except financial inability not the fault of the party required to perform <br />the act, the time for performance of the act will be extended for a period equivalent to the <br />period of delay, and performance of the act during the period of delay will be excused, <br />provided, however, that nothing contained in this section shall excuse the prompt <br />payment of compensation by Tenant as required by this Agreement or the performance of <br />any act rendered difficult solely because of the financial condition of the party, Landlord <br />or Tenant, required to perform the act. <br />Section 8.02 Notice <br />Any written notice or required submittals, given under the terms of this Agreement, shall <br />be delivered personally, or mailed, certified mail, postage prepaid, addressed to the party <br />concerned as follows:
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