expenses, including attorneys' fees, for personal injury, bodily injury (including
<br /> death)or property damage arising from any negligent or wrongful act or omission of
<br /> Tenant or Tenant's officers,contractors, licensees, tenants, lessees,agents, servants,
<br /> employees, guests, invitees, or visitors on or around the Property,.or arising from
<br /> any breach of this Lease by Tenant. Tenant shall use legal counsel acceptable to .
<br /> Landlord in defense of any action within Tenant's defense obligation. The provisions
<br /> of.this Section 16 shall survive expiration or termination of this Lease.
<br /> 17. Assignment and Subletting. "Tenant shall not assign,sublet,mortgage,encumber,or
<br /> otherwise transfer any interest in this Lease(collectively referred to as a"Transfer")
<br /> or any part of the Property, without first obtaining Landlord's written consent. No
<br /> Transfer shall relieve Tenant of any liability under this Lease notwithstanding
<br /> Landlord's consent to such Transfer. Consent to any Transfer shall not operate as a
<br /> waiver of the necessity for Landlord's consent to any subsequent Transfer.
<br /> if Tenant is a partnership, limited liability company, corporation, or other entity, any
<br /> transfer of this Lease by merger,consolidation,redemption or liquidation,or any change(s)
<br /> in the ownership of,or power to vote,which singularly or collectively represents a majority
<br /> of the beneficial interest in Tenant,shall constitute a Transfer under this Section.
<br /> As a condition -to Landlord's approval, if given, any potential assignee or sublessee
<br /> otherwise approved by Landlord shall assume all obligations of Tenant under this Lease
<br /> and shall be jointly and severally liable with Tenant and any guarantor, if required, for any
<br /> payments to Landlord as well as the performance of all terms of this Lease. In connection
<br /> with any Transfer,Tenant shall provide Landlord with copies of all assignments,sublease's,
<br /> and assumption instruments.
<br /> Notwithstanding the above,without first obtaining Landlord's written consent, the Tenant
<br /> may assign, sublet, or otherwise transfer any interest in this Lease or any part of the
<br /> •
<br /> Property to an entity which is currently subletting the Property under a sublease approved
<br /> by the City provided that written notice is provided to the City.
<br /> 18. Liens. Tenant shall deliver the Property to the Landlord at the end of this Lease free
<br /> and clear of any liens.
<br /> 19. Notices. All notices under this Lease shall be in writing and effective (i) when
<br /> delivered in person or via overnight courier, (ii) three (3) days after being.sent by
<br /> registered or certified mail to Landlord or Tenant, or (iii) upon confirmeri
<br /> transmission by facsimile.
<br /> 20. Costs and Attorney's Fees. If Tenant or Landlord engage the services of an attorney
<br /> to collect monies due or to being any action for any relief against the other,
<br /> declaratory or otherwise,arising out of this Lease,including any suit for the recovery
<br /> of any payments due and owing,or-possession of the Property,the losing party shall
<br /> 6
<br /> 1
<br />
|