RES 85523 - Laserfiche WebLink

obligated for rent and utility charges accrued; and if Lessee is not then in default in the performance of any of its obligations under this Lease, Lessor shall refund to Lessee any rental fees paid in advance by Lessee. For the purpose hereof, damage or injury to the extent of fifty percent (50%) of the value of the premises shall constitute a total destruction thereof. In case the premises, or the building in which the same is situated, is partially destroyed by any cause whatever, Lessor with reasonable promptness and dispatch, may repair and rebuild the same, providing same can be repaired and rebuilt in accordance with local laws and regulations within thirty (30) working days, and the Lessee shall pay rent during such period of repair or rebuilding prorated to the portion of the building usable and used as a tennis facility which does not amount to fifty percent (50%) of the value of the premises, shall be considered as partial destruction. 16. If the Lessee is unable to use the facility or part of the facility for tennis play due to water in the area, abatement or rent proportional to the amount of court time lost will be allowed by the Lessor. The Lessee is responsible for recording such court condition and contacting the Lessor regarding the need for abatement. 17. Lessee shall not assign or transfer this Lease or any interest herein, nor sublet the whole or any part of the premises without first having obtained the written consent of the Lessor or Lessor's assignee. Lessee agrees not to make or suffer to be made any major alterations, additions to, or major repairs in or upon the premises without having first obtained the consent in writing of the Lessor or Lessor's assignee thereto. 18. The taking of possession of the premises by Lessee shall in itself constitute an acknowledgment by Lessee that said premises are in good and tenable condition unless Lessee provides to Lessor a list of defects prior to that date. The Lessor agrees to permit Lessee to inspect premises prior to taking possession. The Lessee covenants and agrees at its own cost and expense during the full term hereof, to keep and maintain the interior of the premises, including plumbing, in good order and repair in a tenable condition, except for injury thereto or destruction thereof by riots, vandalism, the elements or an act of God; and also during the full term of this Lease, at its own cost and expense, to make all repairs and replacements whatsoever to the exterior or the interior of said premises rendered necessary by reason of any negligence or omission of Lessee or its agents, servants, or employees. 19. This Lease is made upon the express condition that Lessor shall not be liable for any damage or claims for damage by reason of any injury or death to any person or persons while in, upon, or in any way connected with said premises during the occupancy thereof by the Lessee; and Lessee further agrees to hold or save Lessor harmless from any and all liability and every and all damages or claims for damage together with any and all costs and expenses connected herewith, arising out of injury to or the death of any person or persons in or about or in any way connected with the use of the premises during the term of this Lease, except for - 4 -