Reso 2013-2139 - Laserfiche WebLink

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Subtenant shall undertake all repair obligations of Sublessor under the Prime Lease as to the Sublease Premises. 7.5 Condemnation; Damage by Fire or Other Casualty. In the event of any taking by eminent domain or damage by fire or other casualty to the Project, thereby rendering the Sublease Premises or the Project wholly or partially untenantable, Subtenant shall acquiesce in and be bound by any action taken by, or agreement entered into between Sublessor and Landlord with respect thereto; and if, by application of the provisions of the Prime Lease or separate agreement between Landlord and Sublessor, the Prime Lease is terminated, this Sublease shall likewise terminate. If, however, the Prime Lease remains in effect, this Sublease shall also remain in effect except that the Base Rent and Additional Rent shall be abated proportionately; provided, however, that such abatement shall in no event exceed the abatement granted to Sublessor under the Prime Lease for the Sublease Premises and, provided further, that no compensation or claim or reduction will be allowed or paid by Sublessor by reason of inconvenience, annoyance or injury to Subtenant's business arising from the necessity of effecting repairs to the Sublease Premises or any portion of the Project, regardless of whether such repairs are required by operation of any provision of the Prime Lease. 7.6 Termination of Prime Lease. In the event of and upon the termination, surrender or cancellation of the Prime Lease pursuant to any of the provisions thereof, whether or not the Commencement Date of this Sublease shall have occurred, this Sublease shall automatically terminate as if such date of termination was the scheduled expiration date, and Subtenant shall have no claim against Sublessor of any kind whatsoever arising out of or in connection with such termination. 8. Landlord's Consent to this Sublease. Upon execution of this Sublease by Landlord, Landlord shall consent to (i) the subleasing of the Sublease Premises to Subtenant, and (ii) Subtenant selling food and beverage in the Building and outside the Building within a five (5) feet radius of the Building subject to all applicable codes, ordinances, and state and federal law. 9. Use of Sublease Premises. Subtenant will use and occupy the Sublease Premises for the Permitted Use set forth in the Prime Lease and for no other use or purpose. In connection with the Permitted Use, the Subtenant shall be allowed to (i) play music outside the Building provided the volume does not exceed 75 bD(A) one hundred (100) yards from the Pier, as hereinafter defined, (ii) maintain antennas and satellite dishes on the roof of the Building as approved by the Landlord, and (iii) place awnings, and build outside signage (subject to Section 31 hereof) and neon trim outside the Building subject to applicable law and building code. Subtenant agrees that it shall be responsible for painting the Building on an as needed basis subject to the consent of the Landlord. Notwithstanding the foregoing, Subtenant shall not play music outside beyond the time of 11:00 pm.The Landlord reserves the right to reduce the decibel level for the outside music. 10. Grant of License for Sale of Food and Beverage; Management of Pier. During the Sublease Term, Landlord grants Subtenant the non-exclusive license to sell food and beverage in the Building and outside the Building within a five (5) feet radius of the Building. In accordance 7