2019-097 Resolution - Laserfiche WebLink

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In its use of the premises, Tenant shall comply with all applicable laws; shall commit no waste; shall not unreasonably interfere with the operations of Landlord or neighboring owners or tenants; shall make no alterations or improvements to the premises which are inconsistent with this lease and the terms and conditions incorporated into the lease; and shall not permit any liens to attach to the premises or Tenant's interest in this lease. The gardening shall be setback from the right of way by a number of feet which is consistent with the front elevation of neighboring residential homes. The Tenant agrees to maintain grass, trees and landscaping in this front yard setback area, consistent with front yards and lawn areas on neighboring residential homes, which areas shall be maintained as required herein. MAINTENANCE. Tenant acknowledges that the Premises are now in good repair and accepts the same in their present condition, "as is." Tenant shall keep the Premises in good order and in a clean and sanitary condition throughout the term of this Lease, and shall provide snow removal, mowing, sweeping and similar maintenance. Notwithstanding anything to the contrary in this Paragraph 5, Tenant shall pay for any repairs and maintenance caused by the negligence or wrongful acts of Tenant or its agents or employees, but excepting any damages waived by Landlord under Paragraph 8. INSURANCE. Tenant shall maintain liability insurance with respect to their use of the Premises and shall name the City of North Olmsted as a Certificate Holder. Certificates of Tenant's insurance shall be furnished to Landlord and shall contain provisions prohibiting cancellation without 30 days' written notice to Landlord. The Tenant's minimum insurance shall be $300,000 single limit liability per occurrence. INDEMNITY. Except to the extent liability is waived under Paragraph 8, Tenant shall indemnify, defend, pay and hold Landlord harmless against any and all claims, liabilities, damages and losses, including expenses incidental to the defense of same, resulting from injury or death of any person or damage to property occurring on or about the Premises or in conjunction with Tenant's use and occupancy of the Premises, unless caused by the negligent acts of Landlord. In addition, Tenant shall indemnify, defend, pay and hold Landlord harmless against any claims, liabilities, damages, losses or expenses resulting from the release of hazardous substances, hazardous wastes or petroleum products on or from the Premises or other violations of applicable environmental laws occurring during the term of this Lease. This indemnity shall survive the expiration or termination of this Lease. MUTUAL WAIVER OF LIABILITY. Neither Landlord nor Tenant shall be liable for any damage to the property of the other caused by fire or other peril (a) covered by insurance maintained by the other party or (b) usually covered by a special form policy of property insurance, and each party releases the other from all liability for such damage including any subrogation claims of any insurer. This provision shall apply regardless of the negligence of the other party and shall not be limited by the amount of insurance coverage. ASSIGNMENT AND SUBLETIING. Tenant shall not assign this Lease or sublet the Premises in whole or in part. lurthernnore, in the event that "Tenant no longer resides at 5577 Bums Road, then the Lease shall be terminated. 2