Ordinance 2024-612 - Laserfiche WebLink

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DocuSign Envelope ID: 2F824D49-F88D-4ED1-8861-25C6564470E2 EXECUTION COPY (g) LESSOR does not in any way represent that the types and amounts of insurance required hereunder are sufficient or adequate to protect LESSEE's or contractor's interests or liabilities but are merely minimum requirements established by LESSOR's Risk Management Division. (h) Any and all net insurance proceeds received by or on account of LESSEE under the Lease shall be deposited with LESSEE, and said funds shall be exclusively used for the purpose of reconstruction or repair, as the case may be, of any of the structures, improvements or fixtures located within the Leased Premises so damaged or destroyed. Such reconstruction and repair work shall be done in strict conformity with all applicable building and zoning codes and regulations or standards promulgated by any governmental agency having subject matter jurisdiction. Should the costs of regulations or repair exceed the amount of funds available from the proceeds of such insurance policy, then, and in such event, such funds shall be used as far as the same will permit in paying the costs of reconstruction or repair. 9.4 Waiver of Subrogation for General Liability, Workers Compensation, Business Automobile, and Umbrella Policies. Each of the parties, LESSOR and LESSEE, hereby releases the other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property caused by fire or any other perils insured in policies of insurance for any loss or damage to property caused by fault or negligence covering such property, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for which such party may be responsible, including any other licensees or occupants of the Leased Premises; provided however, that this release shall be applicable and in force and effect only to the extent that such release shall be lawful at the time and in any event only with respect to loss or damage occurring during such time as the releaser's policies shall contain a clause or endorsement to the effect that any such release shall not adversely affect or impair said policies or prejudice the right of the releaser to coverage thereunder and then only to the extent of the insurance proceeds payable under such policies. Each of LESSOR and LESSEE agrees that it will request its insurance carriers to include in its policies such a clause or endorsement. If extra costs shall be charged therefore, each party shall advise the other thereof and of the amount of the extra cost and the other party, at its election, may pay the same, but shall not be obligated to do so. ARTICLE 10. ASSIGNMENTS AND SUBLETTING 10.1 Assignment and Subletting. LESSEE may not assign this Lease or any portion of its leasehold interest, nor lease or sublet the use of the Leased Premises to another person, corporation, company or other business entity by oral or written assignment or sublease agreement without the consent of the LESSOR which shall not be unreasonably withheld, conditioned, or delayed. Nothing herein shall restrict the LESSEE from entering into management, concessions and operations agreements for the Leased Premises or require LESSOR approval of same. 10.2 Permitted Transferee. Notwithstanding the foregoing, LESSEE shall have the right to assign this Lease or sublease all or any portion of the Premises without the need to seek the LESSOR's consent to any of the following "Permitted Transferee": (a) any successor corporation or other entity resulting from a merger, consolidation or reorganization; and (b) any entity which controls, is controlled by, or is under common control with LESSEE. LESSEE shall give LESSOR 18