|
i0a:11-111 a
<br />over period by an amount equal to the greater of (i) three percent (3%) for each year of the Term, or
<br />(ii) a percentage equal to the percentage increase from the Base Period of the Consumer Price Index
<br />("CPI") for Los Angeles- Riverside -Orange County [All Urban Consumers -All Items, not seasonally
<br />adjusted (Base Period 1982-84=100)]. Said CPI for the month of December for the second year of the
<br />Term shall be considered the `Base Period." Said adjustment shall be made by comparing the CPI for
<br />the Base Period to the CPI for the month of December immediately preceding each such adjustment.
<br />If at any time there shall not exist the CPI, Lessor shall substitute any official index published by the
<br />Bureau of Labor Statistics, or successor or similar governmental agency, as may then be in existence,
<br />and shall be most nearly equivalent thereto. If Tenant fails to surrender the Premises and the
<br />Improvements as stated herein, and Lessor shall take legal action to cause Tenant's eviction from the
<br />Premises and is successful in such action, Tenant shall be responsible for all costs and expenses,
<br />including reasonable attorney's fees and costs, incurred by County and/or Agency in connection with
<br />such eviction action; Tenant shall also indemnify and hold Lessor harmless from all loss or liability
<br />or reasonable attorney's fees and costs, including any claim made by any succeeding tenant, incurred
<br />by County and/or Agency founded on or resulting from such failure to surrender.
<br />ARTICLE XIII
<br />ESTOPPEL CERTIFICATES
<br />At any time and from time to time, within ten (10) business days after written request by
<br />either County, Agency or Tenant (the "requesting party"), the other Party (the "responding party")
<br />shall execute, acknowledge and deliver an estoppel certificate addressed to the requesting party,
<br />and/or to such other beneficiary (as described below) as the requesting party shall request, certifying
<br />(i) that this Lease is in full force and effect, (ii) that this Lease is unmodified, or, if there have been
<br />modifications, identifying the same, (iii) the dates to which Rent has been paid in advance, (iv) that,
<br />to the actual knowledge of the responding party, there are no then existing and uncured defaults
<br />under the Lease by either County, Agency or Tenant, or, if any such defaults are known, identifying
<br />the same, and (v) any other factual matters (which shall be limited to the actual knowledge of the
<br />responding party) as may be reasonably requested by the requesting party. Such certificate may
<br />designate as the beneficiary thereof the requesting party, and/or any third party having a reasonable
<br />need for such a certificate (such as, but not limited to, a prospective purchaser, transferee or lender)
<br />and any such certificate may be relied upon by the Parties.
<br />ARTICLE XIV
<br />FORCE MAJEURE
<br />Unless otherwise specifically provided herein, the period for performance of any
<br />nonmonetary obligation by either Party shall be extended by the period of any delay in performance
<br />caused by Acts of God, strikes, boycotts, lock -outs, inability to procure materials not related to the
<br />price thereof, failure of electric power, riots, civil unrest, acts of terrorism, insurrection, war,
<br />declaration of a state or national emergency, weather that could not have reasonably been anticipated,
<br />changes in the Laws which would prevent the Premise from being operated in accordance with this
<br />Lease, or other reasons beyond the reasonable control of County, Agency, Tenant, or their respective
<br />agents or representatives (collectively, "Force Majeure Events"). In no event, however, shall Force
<br />Majeure Events include the financial inability of a Party to this Lease to pay or perform its
<br />obligations hereunder. Further, nothing herein shall extend the time for performance of any
<br />monetary obligation owing under this Lease (including Tenant's obligation to pay Rent owing
<br />hereunder).
<br />Page143
<br />.I ' • • I
<br />
|