Common use of By Lessee Clause in Contracts

By Lessee. Subject to the express provisions of this Lease, by taking possession of the Premises, Lessee shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair and to have accepted the Premises in their condition existing as of the date of such possession, subject to all applicable laws, covenants, conditions, restrictions, easements, and other matters of public record and the Rules and Regulations from time to time promulgated by Lessor governing the use of any portion of the Project. Lessee shall at Lessee's sole cost and expense, keep every part of the Premises in good condition and repair, except for ordinary wear and tear, repairs or restoration work due to casualty damage or condemnation governed by Article 21 or Article 24 below (except that Lessee shall be obligated for performance of its obligations under such Articles), and work which is specified to be the obligation of Lessor pursuant to this Lease. If Lessee fails to maintain the Premises as required by this Lease, Lessor may give Lessee notice to do such acts as are reasonably required to so maintain the Premises and if Lessee fails to commence such work immediately in an emergency or where immediate action is required to protect the Premises or any portion of the Project, or within ten (10) days after such notice is given under other circumstances, and diligently prosecute it to completion, then Lessor or Lessor's agents, in addition to all of the rights and remedies available hereunder or by law and without waiving any alternative remedies, shall have the right to enter the Premises and to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. Any amount so expended by Lessor shall be paid by Lessee to Lessor as additional rent, upon demand. With respect to any work performed by Lessor pursuant to this Article 11.a., Lessor shall be liable to Lessee only for physical damage caused to Lessee's personal property located within the Premises to the extent such damage is caused by Lessor's active negligence or willful misconduct and is not covered by the insurance required to be maintained by Lessee pursuant to this Lease. In no event shall Lessor have any liability to Lessee for any other damages, or for any inconvenience or interference with the use of the Premises by Lessee, or for any consequential damages, including lost profits, as a result of performing any such work. Except as specifically provided in an addendum, if any, to this Lease, Lessor shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Lessor has made no representations or warranties, express or implied, to Lessee respecting the condition of the Premises or any part of the Project except as specifically set forth in this Lease.

By Lessee. Subject Lessee hereby represents and warrants to Lessor that: (a) Lessee is a public corporation and will do or cause to be done all things necessary to preserve and keep such organization and existence in full force and effect; (b) Lessee has been authorized to enter into this Agreement pursuant to a duly adopted resolution of Lessee's governing body or by other appropriate official action; (c) all legal requirements have been met, and procedures have been followed, by Lessee, including any applicable public bidding, in order to ensure the express provisions enforceability of this LeaseAgreement; (d) assuming due authorization, execution and delivery by Lessor, this Agreement constitutes the legal, valid and binding obligation of Lessee, enforceable against Lessee in accordance with its terms, except as may be limited by bankruptcy, insolvency, reorganization, arrangement, moratorium and other similar laws affecting creditors’ rights, the application of equitable principles, the exercise of judicial discretion in appropriate cases, and the limitation on legal remedies against public corporations in the State of California; (e) if the financing of Property pursuant to a Property Schedule hereunder is deemed tax-exempt, such Property will be used by Lessee only for essential governmental functions consistent with the scope of Lessee's authority and will not be used in a trade or business of any person or entity, by taking possession the federal government or for any personal, family or household use, and Lessee’s need for the Property is not expected to diminish during the term of the PremisesAgreement; (f) Lessee has funds available to pay Lease Payments until the end of its current appropriation period, and it intends to request funds to make Lease Payments in each appropriation period, from now until the end of Lease Term; (g) Lessee shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair and to have accepted the Premises in their condition existing as will comply at all times with all applicable requirements of the date Internal Revenue Code of such possession1986, subject as amended (the "Code"), including but not limited to, if the financing of Property pursuant to all applicable lawsa Property Schedule hereunder is deemed tax-exempt, covenants, conditions, restrictions, easements, the registration and other matters reporting requirements of public record and the Rules and Regulations from time to time promulgated by Lessor governing the use of any portion Section 149 of the Project. Lessee shall at Lessee's sole cost and expense, keep every part of the Premises in good condition and repair, except for ordinary wear and tear, repairs or restoration work due to casualty damage or condemnation governed by Article 21 or Article 24 below (except that Lessee shall be obligated for performance of its obligations under such Articles), and work which is specified to be the obligation of Lessor pursuant to this Lease. If Lessee fails Code to maintain the Premises as required by federal tax-exempt status of such transaction; and (h) Lessee will maintain a system with respect to this LeaseAgreement, Lessor may give Lessee notice to do such acts as are reasonably required to so maintain which tracks the Premises and if Lessee fails to commence such work immediately in an emergency or where immediate action is required to protect the Premises or any portion of the Project, or within ten (10) days after such notice is given under other circumstancesname, and diligently prosecute it to completionownership interest of each assignee who has both the responsibility for administration of, then Lessor or Lessor's agents, in addition to all of the rights and remedies available hereunder or by law and without waiving any alternative remedies, shall have the right to enter the Premises and to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. Any amount so expended by Lessor shall be paid by Lessee to Lessor as additional rent, upon demand. With respect to any work performed by Lessor pursuant to this Article 11.a., Lessor shall be liable to Lessee only for physical damage caused to Lessee's personal property located within the Premises to the extent such damage is caused by Lessor's active negligence or willful misconduct and is not covered by the insurance required to be maintained by Lessee pursuant to this Lease. In no event shall Lessor have any liability to Lessee for any other damages, or for any inconvenience or interference with the use of the Premises by Lessee, or for any consequential damages, including lost profits, as a result of performing any such work. Except as specifically provided in an addendum, if any, to this Lease, Lessor shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Lessor has made no representations or warranties, express or implied, to Lessee respecting the condition of the Premises or any part of the Project except as specifically set forth ownership interest in this LeaseAgreement.

By Lessee. Subject to Except for (i) the express provisions assignment of Lessee’s interest in this Lease, by taking possession or any portion thereof, to Lessee’s lender, provided that such lender agrees to assume Lessee’s obligations hereunder upon any exercise of its interest herein at the Premisestime of such exercise; or (ii) the assignment of Lessee’s interest in this Lease in connection with the sale of substantially all of Lessee’s assets or ownership interests, and provided that such purchaser assumes Lessee’s obligations hereunder, Lessee shall not assign, transfer or encumber any interest in this Lease Agreement without the prior written consent of Lessor, which consent shall not be deemed unreasonably withheld, conditioned or delayed by Lessor. Any attempted assignment in violation of this Section is voidable at Lessor’s option. Upon any permitted assignment by Lessee of this Lease Agreement, in whole or in part, the assignee will succeed to all rights and be subject to all liabilities, claims, obligations, penalties, and the like, theretofore incurred by the assignor, including any liabilities to Lessor for unpaid Royalties. However, such assignment will not have accepted the Premises effect of releasing the assignor from any liability, claim, obligation, penalty, or the like, theretofore accrued in favor of Lessor. In addition, upon any assignment of this Lease Agreement by Lessee, the assignee assumes, for the benefit of Lessor, the obligation to fulfill all provisions and covenants of this Lease Agreement, both expressed and implied. Assignee, as being used in good and sanitary orderthis section, condition and repair and to have accepted shall also include any successor, devisee, legal representative or heir of an assignee who acquires any right or obligation initially held by that assignee under this Lease Agreement. Upon any permitted assignment by Lessee of any divided part of this Lease Agreement, whether divided by acreage, zone, horizon, mineral or other similar method, such assigned interest shall become segregated from the Premises in their condition existing as remaining portion of this Lease Agreement so that from the date of such possessionassignment or assignments, subject the provisions hereof shall extend and be applicable severally and separately to all applicable laws, covenants, conditions, restrictions, easements, and other matters of public record and the Rules and Regulations from time to time promulgated by Lessor governing the use of any each segregated portion of the Project. Lessee shall at Lessee's sole cost Leased Premises and expenseso assigned, keep every part so that performance or lack of performance of the Premises in good condition and repairprovisions hereof as to any segregated Portion of this Lease Agreement shall not benefit or prejudice any other segregated portion, except for ordinary wear and tear, repairs or restoration work due to casualty damage or condemnation governed by Article 21 or Article 24 below (except that Lessee shall be obligated for performance of its obligations under such Articles), and work which is specified to be the obligation of Lessor pursuant to this Lease. If Lessee fails to maintain the Premises same extent as required by this Lease, Lessor may give Lessee notice to do such acts as are reasonably required to so maintain the Premises and if Lessee fails to commence such work immediately in an emergency or where immediate action is required to protect the Premises or any each segregated portion of the Project, or within ten (10) days after such notice is given Leased Premises are under other circumstances, and diligently prosecute it to completion, then Lessor or Lessor's agents, in addition to all separate leases. In the case of the rights and remedies available hereunder or by law and without waiving any alternative remedies, shall have the right to enter the Premises and to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. Any amount so expended by Lessor shall be paid permitted assignment by Lessee of any undivided interest in this Lease Agreement, no covenant or condition hereof, implied or expressed, is divisible. Anything less than complete compliance with such covenants or conditions shall render this Lease Agreement-subject to Lessor forfeiture and/or termination as additional rent, upon demand. With respect to any work performed by Lessor pursuant to this Article 11.a., Lessor shall be liable to Lessee only for physical damage caused to Lessee's personal property located within the Premises to the extent such damage is caused by Lessor's active negligence or willful misconduct and is not covered provided by the insurance required to be maintained by Lessee pursuant to provisions of this Lease. In no event shall Lessor have any liability to Lessee for any other damages, or for any inconvenience or interference with the use of the Premises by Lessee, or for any consequential damages, including lost profits, as a result of performing any such work. Except as specifically provided in an addendum, if any, to this Lease, Lessor shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Lessor has made no representations or warranties, express or implied, to Lessee respecting the condition of the Premises or any part of the Project except as specifically set forth in this LeaseLease Agreement.

By Lessee. Subject to the express provisions of this Lease, by taking --------- possession of the Premises, Lessee shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair and to have accepted the Premises in their condition existing as of the date of such possession, subject to all applicable laws, covenants, conditions, restrictions, easements, and other matters of public record and the Rules and Regulations from time to time promulgated by Lessor governing the use of any portion of the Project. Lessee shall at Lessee's sole cost and expense, keep every part pan of the Premises in good condition and repair, except for damage thereto from causes beyond the control of Lessee (and riot caused by any act or omission of Lessee or Lessee's Agents) and ordinary wear and tear, repairs or restoration work due to casualty damage or condemnation governed by Article 21 or Article 24 below (except that Lessee shall be obligated for performance of its obligations under such Articles), and work which is specified to be the obligation of Lessor pursuant to this Leasetear excepted. If Lessee fails to maintain the Premises as required by this Lease, Lessor may give Lessee notice to do such acts as are reasonably required to so maintain the Premises and if Lessee fails to commence such work immediately in an emergency or where immediate action is required to protect the Premises or any portion of the Project, or within ten (10) days after such notice is given under other circumstances, and diligently prosecute it to completion, then Lessor or Lessor's agents, in addition to all of the rights and remedies available hereunder or by law and without waiving any alternative remedies, shall have the right to enter the Premises and to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. Any amount so expended by Lessor shall be paid by Lessee to Lessor as additional rent, upon demand. With respect to any work performed by Lessor pursuant to this Article 11.a., Lessor shall be liable to Lessee only for physical damage caused to Lessee's personal property located within the Premises to the extent such damage is caused by Lessor's active negligence or willful misconduct and is not covered by the insurance required to be maintained by Lessee pursuant to this Lease. In no event shall Lessor have any liability to Lessee for any other damages, or for any inconvenience or interference with the use of the Premises by Lessee, or for any consequential damages, including lost profits, as a result of performing any such work. Except as specifically provided in an addendum, if any, to this Lease, Lessor shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part pan thereof and the parties hereto affirm that Lessor has made no representations or warranties, express or implied, to Lessee respecting the condition of the Premises or any part of the Project except as specifically set forth in this Lease.

By Lessee. Subject Lessee hereby represents and warrants to Lessor that: (a) Lessee is a public corporation and will do or cause to be done all things necessary to preserve and keep such organization and existence in full force and effect; (b) Lessee has been authorized to enter into this Agreement pursuant to a duly adopted resolution of Lessee's governing body or by other appropriate official action; (c) all legal requirements have been met, and procedures have been followed, by Lessee, including any applicable public bidding, in order to ensure the express provisions enforceability of this LeaseAgreement; (d) if the financing of Property pursuant to a Property Schedule hereunder is deemed tax-exempt, such Property will be used by Lessee only for essential governmental functions consistent with the scope of Lessee's authority and will not be used in a trade or business of any person or entity, by taking possession the federal government or for any personal, family or household use, and Lessee’s need for the Property is not expected to diminish during the term of the PremisesAgreement; (e) Lessee has funds available to pay Lease Payments until the end of its current appropriation period, and it intends to request funds to make Lease Payments in each appropriation period, from now until the end of Lease Term; (f) Lessee shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair and to have accepted the Premises in their condition existing as will comply at all times with all applicable requirements of the date Internal Revenue Code of such possession1986, subject as amended (the "Code"), including but not limited to, if the financing of Property pursuant to all applicable lawsa Property Schedule hereunder is deemed tax-exempt, covenants, conditions, restrictions, easements, the registration and other matters reporting requirements of public record and the Rules and Regulations from time to time promulgated by Lessor governing the use of any portion Section 149 of the Project. Lessee shall at Lessee's sole cost and expense, keep every part of the Premises in good condition and repair, except for ordinary wear and tear, repairs or restoration work due to casualty damage or condemnation governed by Article 21 or Article 24 below (except that Lessee shall be obligated for performance of its obligations under such Articles), and work which is specified to be the obligation of Lessor pursuant to this Lease. If Lessee fails Code to maintain the Premises as required by federal tax-exempt status of such transaction; and (g) Lessee will maintain a system with respect to this LeaseAgreement, Lessor may give Lessee notice to do such acts as are reasonably required to so maintain which tracks the Premises and if Lessee fails to commence such work immediately in an emergency or where immediate action is required to protect the Premises or any portion of the Project, or within ten (10) days after such notice is given under other circumstancesname, and diligently prosecute it to completionownership interest of each assignee who has both the responsibility for administration of, then Lessor or Lessor's agents, in addition to all of the rights and remedies available hereunder or by law and without waiving any alternative remedies, shall have the right to enter the Premises and to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. Any amount so expended by Lessor shall be paid by Lessee to Lessor as additional rent, upon demand. With respect to any work performed by Lessor pursuant to this Article 11.a., Lessor shall be liable to Lessee only for physical damage caused to Lessee's personal property located within the Premises to the extent such damage is caused by Lessor's active negligence or willful misconduct and is not covered by the insurance required to be maintained by Lessee pursuant to this Lease. In no event shall Lessor have any liability to Lessee for any other damages, or for any inconvenience or interference with the use of the Premises by Lessee, or for any consequential damages, including lost profits, as a result of performing any such work. Except as specifically provided in an addendum, if any, to this Lease, Lessor shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Lessor has made no representations or warranties, express or implied, to Lessee respecting the condition of the Premises or any part of the Project except as specifically set forth ownership interest in this LeaseAgreement.

By Lessee. Subject Lessee hereby represents and warrants to Lessor that: (a) Lessee is a public corporation and will do or cause to be done all things necessary to preserve and keep such organization and existence in full force and effect; (b) Lessee has been authorized to enter into this Agreement pursuant to a duly adopted resolution of Lessee's governing body or by other appropriate official action; (c) all legal requirements have been met, and procedures have been followed, by Lessee, including any applicable public bidding, in order to ensure the express provisions enforceability of this LeaseAgreement; (d) assuming due authorization, execution and delivery by Lessor, this Agreement constitutes the legal, valid and binding obligation of Lessee, enforceable against Lessee in accordance with its terms, except as may be limited by bankruptcy, insolvency, reorganization, arrangement, moratorium and other similar laws affecting creditors’ rights, the application of equitable principles, the exercise of judicial discretion in appropriate cases, and the limitation on legal remedies against public corporations in the State of California; (e) if the financing of Property pursuant to a Property Schedule hereunder is deemed tax-exempt, such Property will be used by Lessee only for essential governmental functions consistent with the scope of Xxxxxx's authority and will not be used in a trade or business of any person or entity, by taking possession the federal government or for any personal, family or household use, and Lessee’s need for the Property is not expected to diminish during the term of the PremisesAgreement; (f) Lessee has funds available to pay Lease Payments until the end of its current appropriation period, and it intends to request funds to make Lease Payments in each appropriation period, from now until the end of Lease Term; (g) Lessee shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair and to have accepted the Premises in their condition existing as will comply at all times with all applicable requirements of the date Internal Revenue Code of such possession1986, subject as amended (the "Code"), including but not limited to, if the financing of Property pursuant to all applicable lawsa Property Schedule hereunder is deemed tax-exempt, covenants, conditions, restrictions, easements, the registration and other matters reporting requirements of public record and the Rules and Regulations from time to time promulgated by Lessor governing the use of any portion Section 149 of the Project. Lessee shall at Lessee's sole cost and expense, keep every part of the Premises in good condition and repair, except for ordinary wear and tear, repairs or restoration work due to casualty damage or condemnation governed by Article 21 or Article 24 below (except that Lessee shall be obligated for performance of its obligations under such Articles), and work which is specified to be the obligation of Lessor pursuant to this Lease. If Lessee fails Code to maintain the Premises as required by federal tax-exempt status of such transaction; and (h) Lessee will maintain a system with respect to this LeaseAgreement, Lessor may give Lessee notice to do such acts as are reasonably required to so maintain which tracks the Premises and if Lessee fails to commence such work immediately in an emergency or where immediate action is required to protect the Premises or any portion of the Project, or within ten (10) days after such notice is given under other circumstancesname, and diligently prosecute it to completionownership interest of each assignee who has both the responsibility for administration of, then Lessor or Lessor's agents, in addition to all of the rights and remedies available hereunder or by law and without waiving any alternative remedies, shall have the right to enter the Premises and to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. Any amount so expended by Lessor shall be paid by Lessee to Lessor as additional rent, upon demand. With respect to any work performed by Lessor pursuant to this Article 11.a., Lessor shall be liable to Lessee only for physical damage caused to Lessee's personal property located within the Premises to the extent such damage is caused by Lessor's active negligence or willful misconduct and is not covered by the insurance required to be maintained by Lessee pursuant to this Lease. In no event shall Lessor have any liability to Lessee for any other damages, or for any inconvenience or interference with the use of the Premises by Lessee, or for any consequential damages, including lost profits, as a result of performing any such work. Except as specifically provided in an addendum, if any, to this Lease, Lessor shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Lessor has made no representations or warranties, express or implied, to Lessee respecting the condition of the Premises or any part of the Project except as specifically set forth ownership interest in this LeaseAgreement.