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EXHIBIT 1
<br />9.a Partial Damso*. Uninsured Lon, Ifa Premises Partiat Damage that Is not an Insured Loss occurs, unless caused by a negligent orwxlful act of Lessee (In
<br />which avant Lessee shall make the repairs at Lessee's expense), tassor may elthert (I) repair such damage as soon as reasonably possible at Lessor's expense, in which
<br />event INs Lease&hot I continue Infuli force and effect, or (11) terminate this Lea seby glvingwrllten notice to Lessee wlihIn 3Odays after receipt by Lessor of knowledge
<br />of the occurrence of such damage, Such termination shalt be effective 60 days following the date of such notice, In the event Lessor elects to terminate this Lease,
<br />Lessee shall have the right within 10 days after recalitt of the termination notice to give written notice to Lessor of Leiwo% commitment to pay for the repair of such
<br />damage without m1mbursementfrosn lessor. Lessee shall provide Less or with said funds or tat Ishctory assurance thereof within 30 days after making such
<br />commitment. In such event this Lease shag continue in full force and effect, and Lessor shall proceed to make such repairs as soon as reasonably possible after the
<br />required funds are ovallable, IF Lessee does not make the required Commitment, INS Lease shall terminate as of the date specified In the tdrmination notice.
<br />9.4 Total Dust rut ton, Notwithstanding any other provision hereof, If a Premises Total Destruction occurs, this Lease shall terminate 60dar" following such
<br />Destruction. lithe damage ordeslruction was caused by the gross negligence or willful misconduct of lessee, Lessor shall have the right to recover Lessor's damages
<br />from lessee, except as provided in Paragraph 8.6.
<br />9.S Damage Near End of Term. If at any time during the last 6.months of this Lease there Is damage for which the cost to repair exceeds one month's Base
<br />Rent, whether or not an Insured Loss, tensor may terminate this Lease effective gO days following the date of occurrence of such damage by giving a written
<br />termination notice to Lessee within 30days after the date of occurrence of such damage. Notwithstanding the foregoing, If Lessee atthat time has an exercisable
<br />option to extend this tease or to purchase the Premises, then Lessee may preserve this lease by, (a) exercising such option and (b) providing Lessorwith any shortage
<br />inlnsurance p roceeds (or adequate assurance thereof) needed to make the repairs on or beforethe earlier of (I) the date which Is 10 days after Lessee's receipt of
<br />Lessor's written notice purporting to terminate this Lease, or (ti) the day prlorto thedsto upon which such option expires. If Lessee duly exertisassuch option during
<br />such period and provides fluor with funds joradequate assurancethereol') to tovnrany shortageto Insurance proceeds, Lessor shall, at Lessor's commercially
<br />reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in fun force and effect iflesseefalfs to exercise such option and
<br />provide such Fundsor assurance during such period, then this lease shall terminate on the date specified In the terrain Won notice and Lessee's option shall be
<br />extinguished,
<br />9.6 Abatement of Rent; tmest's Remedies.
<br />(aj Abatement. In the event of Premises Partial Damage or Premises Total Destruction or a Hazardous Substance Condition for which Lessee is not
<br />responsible under this Lease, the Rent payable by Lessee for the period required for the repair, remedlation or restoration of such damage &tall be abated In
<br />proportion to the degree to which Lessee's use of the Premises Is Impaired, but not to exceed the proceeds received from the Rental Value insurance. All other
<br />obligations of Lessee hereunder shall be performed by Lessee, and Lessor shall have no liability for any wch dame Be, destruction, remedlatlon, repair or restoration
<br />except as provide dhe(ein.
<br />I b) Ramedles, If Lessor Isobltgated to repab or restore the Premises and does not commence, In a substantial and meaningful way, such repair or
<br />restoration within 90 days after such obligation shag accrue, Lessee may at anytime prtorto the commencement of such repair or restoration, give written notice to
<br />Lessor and to any lenders of which Lessee has actual notice, of Lessee's election to terminate this lease on a data not less than 6Odays following the giving of such
<br />notice. If Lessee gives such n otice and such repairor restoration is not comnnersced within 30days thereafter, this lease shalltarminate as of the date specified Insaid
<br />notice. if the repair or restoration acommenced within such 30days, thls Lease shalt continue In full force and effect. "Commence" shall meaneftherthe
<br />unconditional authorhation ofthe preparation of the required plans, or the beginning of the actual workon the Premises, whichever first occurs.
<br />9.7 Termination; Advance Payments. Upon termination of this Lease pursuant to Paragraph 5.2(g) or Paragraph 9, are equitable ad)ustment shall be made
<br />concerning advance ease Rent and any other advance payments made by lessee to Lessor, Lessor shall, in addition, return to Lessee so much of Lessee's Security
<br />Deposit as has not been, or Is not then required to be, usedby lessor.
<br />10, Neal Property Taxes.
<br />20.1 Deflnition, As used herein, the term"Real Property Taxes" shall Include any form of assessment; real estate, general, special, ordinary or extraordinary, or
<br />rental levy or tax (otherthan Inheritance, personal Income cremate taxes); Improvement bond; and/or license fee Imposed upon or levied against any legal or
<br />equitable interest of Lessor In the Premises or the Project, Lessor's right to other Income th erefrom, and/or Lessor's business of teasing, byany authority having the
<br />directorIirditactpowertotaxandwherethefundsaregeneratedwithreferencetotheBuildingaddress. Real Property Taxes shot) also Include any tax, fee, levy,
<br />assessment or charge, or anyincrease therein: (1) Imposed by reason of events occurring during the term of this lease, Including but not limited to, a change In the
<br />ownership of the Premises, and (11) levied or assessed on machinery or equipment provided by lessor to Lessee pursuant to this Lease,
<br />10.2 Payment of Taxes, in addition to ease Renq Lessee shell payto Lessor an amount equal to the Real Property Tax Installment due at least 20 days prior to
<br />the applicable delinquency date. if any such Installment shall cover any period of time prior to or after the expli atlon or termination of this lease, lesteo's share of
<br />such Installment shall be prorated. In theevent Lessee Incurs a latecharge on any Rent payment, Lessor mayestlmte the current Real PropettyTaxes, and require
<br />that such taxes be paid in advance to Lessor by lessee monthly In Wwte with the payment of the Rase Rent. Suchmonihfy paynimtsshall bean amount equal to
<br />the amount of the estimated installment of taxes divided by the number of months remaining before the month in which said Installment becomes deilnquent, When
<br />the actual amount of the appilcable tax bill Is known, the amount of such equal monthly advance payments shall be adjustsad as required to provide the funds needed
<br />to pay the applicable taxes. if the amount collectedby lossorls Insufficient to pay such Real Property Taxes when due, Lesweshall pay Lessor, upon demand, such
<br />additional sum as Is necessar}t Advance payments maybe Intermingled w4th other Moneys of Lessor and shall not bear interest. In the event of a8reach by lessee In
<br />the performance of Its obligations under this tease, then any such advance payments may be treated by Lessor as an additional Security Deposit.
<br />10.3 Joint Assessment if the Premises are not separately assessed, lessee's liability shall be an equitable proportion of the Real Property Tares for all of the
<br />land and improvements Included Wlbin the tax parcel assessed, such proportion to be conclusively determined by Lessor from the respective valuedons assigned In
<br />the assessor's work sheets orsuch other Informatlon as may be reasonably available.
<br />10A Personal Property Taxes. Lessee shall pay, prior to delinquency. ail taxes assessed against and levied upon Lessee Owned Alterations, Utility Installations,
<br />Trade Fixtures, furnishings, equipment and all personal property of Lessee. W hen possible, Lessee shall cause its Lessee Owned AlteradOnsand Utility Installations,
<br />Trade Fboures, furnishings, equipment and another personal property to be assessed and billed separately from the real property of lessor. If any of Lessee's said
<br />properly shall be assessed with Lessor's real property, Lessee shall pay Lessorthe taxes attributable to terse e's propertywithln 10 days after receipt of a written
<br />statement setting foiththe taxes applkobte to Lessee's property.
<br />1t, Utilities and Servkea. Lessee shall pay for all water, gas, heat, light, power, telephone, trash disposal and other utilities and servlcessupplied to the Premises,
<br />together with any taxes thoreon. If any such services are not separately metered or billed to Lessee, Lessee shall pay a reasonable proportion, to be determined by
<br />Lessor, of all charges Jointly metered or billed. There shall be no abatement of rent and Lessor shall not be ;table Inane respect whatsoever forthe Inadequacy,
<br />stoppage, interruption or discontinuance of any utility or service due to dot, strike, labor dispute, breakdown, accident, repair or other cause beyond Lessor's
<br />reasonable control or In cooperation with governmental request or dlrecdons,
<br />thl fteendaysofLessor'swrittenrequest,LesseeagreestodelivertoLessorsuchInformation,documentsand)orauthorizatfonastessorneedsInorderfor
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<br />INITIALS
<br />t 2019 AIR CRE, All Rights Reserved, last Edited: 2/25/20219t53 AM
<br />STN•27.30, Revised 11-25-2019 Page 8 of Ifa
<br />City Council 26 — 10 4/19/2022
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