Reso 2005-787 - Laserfiche WebLink

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8. Payment of Utilities. Tenant shall pay directly to the utility companies or other parties entitled to payment the cost of all water, heat, air conditioning, gas, electricity, telephone, and other utilities and services provided to or for the Leased Premises, including, without limitation, connection fees and taxes thereon. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other service being furnished to the Leased Premises unless such failure or interruption was caused by the negligent or willful act or omission of Landlord or Landlord's employees, agents or contractors, in which case Rent shall abate until the earlier of the date of restoration of service or the reopening of Tenant's business in the Leased Premises. 9. Partial Termination. Upon the Commencement Date of the Term, Landlord and Tenant agree that the Amended Lease shall terminate as to a fifty percent (50%) portion of the Leased Premises located on the west side thereof, as outlined in red on the drawing attached hereto as Exhibit "c." Such partial termination shall be subject to the following conditions: (a) As consideration for such partial termination, Landlord shall compensate Tenant at the time of such partial termination in the amount of One Hundred Eighty Thousand Dollars ($180,000) out of the leasehold interest amount of Four Hundred and Fifty Thousand Dollars ($450,000) agreed to by the parties; (b) From and after the date of such partial termination, the Base Rent due by Tenant under the Amended Lease shall be reduced by fifty percent (50%) and the definition of "Leased Premises" hereunder and the definition of "Premises" in the Original Lease shall be automatically amended to describe, reflect and mean for all purposes the reduced premises pursuant to such partial termination; (c) The reconfiguration of the Leased Premises after the partial termination of the Amended Lease (i) must nevertheless permit Tenant adequate traffic flow for the operation of its business, (ii) shall not interfere with Tenant's access to the Leased Premises to and from Collins Avenue and (iii) shall not interfere with Tenant's access to the fuel pumps on the Property; and (d) Landlord shall promptly rehabilitate and reconfigure the Property and the Leased Premises, at its sole cost and expense, after such taking of the westerly side of the Leased Premises such that the Leased Premises shall be in good repair and in as similar a condition as existed prior to such partial taking as practicable, including, but not limited to, the installation of fencing around the reduced Leased Premises. Such rehabilitation and reconfiguration shall be performed at such times and in such manner so as to minimize interference with Tenant's business operations from within the Leased Premises. Notwithstanding the above, if such rehabilitation and reconfiguration are not completed within thirty (30) days of the date of such taking or if such rehabilitation and reconfiguration cannot reasonably be completed within such thirty (30) day period and Landlord shall fail to commence such rehabilitation and reconfiguration within such thirty (30) day period and proceed diligently thereafter, then Tenant may prosecute such rehabilitation and reconfiguration itself, and apply the cost of such rehabilitation and reconfiguration against the next maturing monthly installment or installments of Base Rent due hereunder. 3 SIB