03 - Laserfiche WebLink

(a) Zone 7 fails to obtain or loses any necessary permits, approvals, or orders and is thus unable to use the Leased Areas; or (b) The City or Pleasanton fails to comply with any term, condition, or covenant of this Lease Agreement and does not cure such failure within ten (10) days written notice or in the event of a cure requiring more than ten (10) days to complete, if City has not commenced such cure within thirty (30) days of receiving written notice and is not diligently working to cure the default. Zone 7 shall have the right to cure any default by City following such notice and cure period and to deduct the cost of such cure from rent due under this Lease Agreement after presenting an accounting of the costs to City. 16. Surrender of Leased Areas Upon the expiration of this Lease Agreement, or no later than thirty (30) days after its termination, Zone 7 shall surrender the Premises to City, and the Antenna Site to City and Pleasanton, and all improvements and alterations thereto, in good condition except for ordinary wear and tear occurring after the last necessary maintenance made by Zone 7 and/or destruction to the Leased Areas covered by section 9. Such improvements and alterations shall not include the Equipment or Antenna which shall be removed by Zone 7 prior to the surrender of the Leased Areas. Zone 7 shall perform all restoration made necessary by the improvements or alterations or by the removal the Equipment and Antenna within the time periods stated in this section. City may elect to retain or dispose of in any manner any alterations, improvements, Equipment or Antenna that Zone 7 does not remove from the Leased Areas on expiration or termination of the Lease Agreement by giving at least ten (10) days' notice to Zone 7. Title to any such improvements, alterations, Equipment, or Antenna that City elects to retain or dispose of on expiration of the ten (10) day period shall vest in City. Zone 7 waives all claims against City for any damage to Zone 7 resulting from City's retention or disposition of any such improvements, alterations, Equipment, or Antenna. Zone 7 shall be liable to City for City's costs for storing, removing, and disposing of any improvements, alterations, Equipment, or Antenna. If Zone 7 fails to surrender the Leased Areas as provided herein, Zone 7 shall hold City harmless from all damages resulting from Zone 7's failure to surrender the Lease Areas, including, without limitation, claims made by a succeeding tenant resulting from Zone 7's failure to surrender the Leased Areas. 17. Title to and Removal of Zone 7's Equipment Except as provided in section 16: (a) Title to Zone 7's Equipment, Antenna, and all improvements installed at and affixed to the Leased Areas by Zone 7 shall be and shall remain the property of Zone 7; b) Zone 7 may, at any time, including any time it vacates the Leased Areas, lease Agreement -Zone 7 Page 14