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Transportes Inter Californias
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Last modified
10/20/2015 3:06:08 PM
Creation date
10/20/2015 2:55:50 PM
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Contracts
Contract #
A-1998-164
Agency
Community Development
Destruction Year
2007
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dampness or any other causes whatsoever, unless caused by or due to the failure of Owner to repair <br />such condition(s) within a reasonable time (after written notice of the need for such repair is <br />given to owner by Tenant) and through no fault of Tenant. Neither Owner nor its employees or agents <br />shall be liable for any latent defect in the Property. Nor shall owner be liable for the negligence <br />or misconduct, including but not limited to criminal acts, by maintenance or other personnel or con- <br />tractors serving the Property, unless Owner is grossly negligent or guilty of willful misconduct. <br />All property of Tenant kept or stored on the Property shall be so kept or stored at the risk of <br />Tenant only, and Tenant shall hold Owner harmless from any claims arising out of damage to the same, <br />including subrogation claims by Tenant's insurance carriers, unless such damage shall be caused by <br />the willful act or gross neglect of Owner and through no fault of Tenant. Nor shall any of the <br />events or conditions set forth in this paragraph be deemed a constructive or actual eviction or <br />entitle Tenant to any abatement or reduction of rent. <br />Tenant shall give prompt notice to Owner with respect to any defects, fires or accidents which <br />Tenant observes on the Property. <br />ARTICLE 15. TAXES. <br />Tenant shall be liable for any tax (now or hereafter imposed by any governmental entity) applicable <br />to or measured by or on the rents payable under this Tease, including any gross income tax or excise <br />tax with respect to the receipt of such rent or the possession, leasing or operation, use or occu- <br />pancy of the Premises, but not including any net income, franchise, capital stock, estate or inheri- <br />tance taxes of owner. If any such tax is required to be paid to the governmental taxing entity <br />directly by owner, then Owner shall pay the amount due and, upon demand, shall be fully reimbursed <br />by Tenant for such payment. If such reimbursement is prohibited by law, then Owner shall have the <br />option to terminate this Tease in its entirety without having any liability to Tenant. <br />Tenant shall also be liable for all taxes levied against the leasehold held by Tenant or against any <br />personal property, leasehold improvements, additions, alterations and trade fixtures placed by or <br />for Tenant in, on or about the Premises or constructed by Owner for Tenant in the Premises; and if <br />any such taxes are levied against Owner or Owners property, or if the assessed value of the Prop- <br />erty is increased (whether by special assessment or otherwise) by the inclusion therein of value <br />placed on such leasehold, personal property, leasehold improvements, additions, alterations and <br />trade fixtures, and owner pays any such taxes, Tenant, upon demand, shall fully reimburse owner for <br />the taxes so paid by Owner or for the proportion of such taxes resulting from such increase in any <br />assessment, as additional rent hereunder. <br />Tenant recognizes and understands that this Tease may create a possessory interest subject to prop- <br />erty taxation. Tenant hereby agrees to pay property tae levied on such interest before said taxes <br />become delinquent. <br />ARTICLE 16. HOLDING OVER. <br />If, with Owner's written consent, Tenant holds possession of the Premises after the expiration of <br />the term of this lease, Tenant shall become a tenant from month to month upon the terms herein spe- <br />cified but at a monthly rent equivalent to the higher of (a) rent computed at owners then prevail- <br />ing monthly rental rate per square foot for the next most comparable space or (b) the then rental <br />(including escalation) paid by Tenant at the expiration of the term of this lease, payable in <br />advance on or before the first day of each month, and Tenant shall continue in possession and shall <br />remain subject to the terms hereof until such tenancy shall be terminated by Owner, or until 30 days <br />after Tenant shall have given to Owner a written notice of its intention to terminate such tenancy. <br />If Tenant holds over after the expiration or earlier termination of the term hereof without the <br />express written consent of Owner, Tenant shall become a tenant at sufferance only at 150 percent of <br />the then prevailing market rate (as reasonably determined by Mier) for the Premises in effect upon <br />the date of such expiration or earlier termination, to be prorated and paid on a daily basis, and <br />otherwise upon the terms, covenants and conditions specified in this Tease, so far as applicable. <br />i? <br />
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