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OFFICE/SHOWROOM/WAREHOUSE LEASE AGREEMENT

Warehouse Lease Agreement

OFFICE/SHOWROOM/WAREHOUSE LEASE AGREEMENT | Document Parties: RAMP CORP You are currently viewing:
This Warehouse Lease Agreement involves

RAMP CORP

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Title: OFFICE/SHOWROOM/WAREHOUSE LEASE AGREEMENT
Date: 4/14/2004
Industry: Computer Services     Sector: Technology

OFFICE/SHOWROOM/WAREHOUSE LEASE AGREEMENT, Parties: ramp corp
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EXHIBIT 10.37

 

OFFICE/SHOWROOM/WAREHOUSE

LEASE AGREEMENT

("Lease")

 

This Lease is entered into by and between the Landlord and Tenant named below as of the last date shown on the signature page. This Lease consists of the following: this document and any attached exhibits (including floor plans, legal descriptions, site plans, premises layouts, guarantees or other items) and any amendments or addendums that are now or in the future executed by the parties.

 

1. Definitions and Basic Provisions : The following definitions and basic provisions shall be used in conjunction with this Lease:

 

(a) "Landlord":     Dryden VI. Ltd.

 

(b) "Tenant": LifeRamp Family Financial, Inc.

 

(c) "Premises": 1600 Corporate Court. Suite 140, Irving. TX 75038.

 

As described on Exhibit "A", the Premises are a part of a larger Project that consists of 66.470 square feet of net leasable area, in determining net leasable area, all measurements are from underneath the roofline, except interior party walls where measurements are from centerline. The net leasable area of Tenant's space is SJKXL square feet and Tenant's proportionate share of the Project is   5.42       percent ("Tenant's Proportionate Share").

 

(d) "Lease term":   _____36______months and      0     days as follows:

    Commencement date: October 1, 2003, or upon completion of interior improvements.

    Expiration date: September 30, 2006.

 

(e) Rental per month:

    "Basic Rental": $3,300.00 Industrial Gross.

     "Common Area Maintenance Fee or Base Year": 2003.

    "Utility Charges": Water Is an item of Project expense; Tenant will separately pay for privately submetered electric usage in the suite.

    Total initial monthly payment: $3,300.00.

 

(f) "Security deposit": $3,300.00.

 

(g) "Permitted use": Office

 

(h)   Special Provisions:

 

a.  Tenant accepts the Premises on an "as is" basis, with the following exceptions:

i.   Landlord will assure that the electrical, plumbing and HVAC systems are in operating condition at Lease commencement, 

ii.   Landlord will replace stained or damaged ceiling tiles, repaint the interior walls and install new carpet.

b.  Landlord will endeavor to complete the interior work so as to permit Tenant to move into the space on October 1, 2003, However, occupancy may be delayed to permit completion. Rent will not commence until Landlord's work is substantially complete.  If   the space is not substantially complete by October 31, 2003, Tenant may, by written notice, terminate this lease without liability and all payments from Tenant will be refunded.

 

c.   Landlord agrees to pay a commission to Stream Realty Partners under a separate agreement. Commission is payable in full only upon Tenant occupancy and commencement of the obligation to pay rent.

 

(i)    Addresses and contact information of the parties:

LANDLORD:

Management Office:

D ryden VI, Ltd.

C\O John S. Dryden Company.

P.O. Box 800068

Dallas, TX 75380-0068.

 

TENANT: 

LifeRamp Family Financial Inc. (a Utah

Corporation)

1600 Corporate Court, Suite 140

Irving , TX 75038

 

2. Lease Grant. Landlord, in consideration of: (i) the Basic Rental, (ii) all other sums to be paid by Tenant under this Lease ("Additional Rental") and (iii) the other covenants and agreements to be performed by Tenant, hereby leases, demises and lets to Tenant the Premises (as defined in paragraph 1(c)) on the terms and conditions stated in this Lease commencing on the commencement date (as defined in paragraph 1(d), or as adjusted as provided below) and ending on the expiration date, unless sooner terminated as provided in this Lease. If this Lease is executed before the Premises become vacant, or otherwise available and ready for occupancy, or if any present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the Premises prior to the commencement date of this Lease, Landlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same and such date shall be deemed to be the commencement date and this Lease shall continue for the lease term described in paragraph 1(d) above. Landlord waives payment of rent covering any period prior to the rendering of possession of the Premises to Tenant. If Tenant occupies the Premises prior to the commencement date specified in paragraph l (d), the commencement date shall be altered to coincide with said occupancy and the ending date of the Lease remaining unchanged. Tenant is responsible for obtaining, at its expense, a certificate of occupancy for the Premises. Tenant shall promptly apply for the certificate of occupancy and diligently pursue all necessary approvals required to occupy and use the Premises for the purpose set out in this Lease. By occupying the Premises, Tenant shall be deemed to have acknowledged that the Premises (i) are suitable for Tenant's intended purpose (ii) are in good operating condition and (iii) comply fully with Landlord's obligations under this Lease.

 

3. Rent. Tenant shall pay to Landlord without demand, deduction or set off, for each month of the entire Lease term Basic Rental, the Common Area Maintenance Fee and Utility Charges (Tenant's share of commonly billed utilities) (all as set out in paragraph 1). Payments are due at Landlords then current physical location or at the Post Office Box designated by Landlord in writing from time to time. Until further notice, payments are due at the address set out in this Lease document. Tenant shall, contemporaneously with the execution of this Lease, pay Landlord the following: (i) the security deposit set out in paragraph (1) above and (ii) an initial full months installment of rent (as defined in paragraph 1 (e)). A monthly installment in the amounts defined in paragraphs 1(e) above shall be due and payable on or before the first day of each succeeding calendar month during the Lease term. Rent for any fractional month at the beginning or end of the Lease term shall be prorated. The security deposit shall be held by Landlord without liability for interest and as security for the performance by Tenant of Tenant's covenants and obligations under this Lease, it being expressly understood that the deposit shall not be considered an advance payment of any rental or a measure of Landlord's damages in case of default by Tenant. If Tenant fails to timely pay any sums due under this Lease or defaults in its obligations under this Lease. Landlord may, from time to time, without prejudice to any other remedy, use the security deposit to the extent necessary to make good any arrearages of Basic Rental, Common Area Maintenance Fee, Utility Charges, Additional Rental or any, damage, injury, expenses or liability to Landlord. Following any such application of the security deposit, Tenant shall immediately pay to Landlord, on demand, the amount so applied in order to restore the security deposit to its original amount, 30 days after termination of this Lease and vacating of the Premises by Tenant, Landlord shall return any remaining balance of the security deposit to Tenant so long as Tenant has full performed its obligations under this Lease and provided Landlord with written notice of its forwarding address. If Landlord transfers its interest in the Premises during the Lease term, Landlord may assign the security deposit to the transferee and thereafter shall have no further liability for the return of such security deposit.

 

Time is of the essence as to all required payments by Tenant under any provision of this Lease. If any monthly installment of Basic Rental, the Common Area Maintenance Fee, or the Utility Charge is not received by the Landlord on or before the 5th day of the month for which said monthly rental installment is due, a service charge of 10% of the delinquent installment shall become due and payable in addition to the monthly installment owed. The date that a check is dated or mailed is not relevant in determining Tenant's liability for a late fee; Landlords accounting records are the determining record of the date of receipt of a rent payment. The service charge is for the purpose of reimbursing Landlord for the extra costs and expenses incurred in connection with the handling and processing of late monthly rental. If the delinquent amount is not paid by the 1st day of the following month, then the delinquent amount (not including the service charge) shall bear interest at the Lesser of: (1) 18 per cent per annum, or (2) the maximum lawful contract rate, such interest shall begin to accrue on the 1st of the month following the delinquency and continue until payment of the delinquent amount is made.

 

If any check that is tendered to Landlord by Tenant for any charges due under this Lease is returned to Landlord by Tenants financial institution for any reason (including but not limited to absence of Tenants signature, insufficient funds, stop payment, or closed account) then, in addition to any other liability of Tenant for the amount of the check. Tenant shall be liable to Landlord for a service fee of $50.00 for each returned check. Landlord has no obligation to redeposit any check that is returned for any reason and Tenant shall immediately cure the non-payment that has resulted from the returned check. If Landlord receives 2 or more returned checks during the term of this Lease, then Landlord may require that all future payments from Tenant be made by cashiers check.

 

4. Common Area Maintenance Fee.

 

(a) Definition. "Project Operating Costs" include all costs related to the Project that are not Specifically allocated to Landlord or Tenant under this Lease, Project Operating Costs include but are not limited to the following: maintenance of the Common Areas (such as landscape and irrigation systems; exterior lighting, signage, and related utilities; and parking lot cleaning and repairs; painting; any utility charges (if not separately metered or otherwise billed to Tenants in accordance with paragraph 5 below); building and roof repairs; real property taxes, assessments and similar government charges and fees; property management fees; Landlord's insurance program (including but not limited to fire, casualty and third party liability coverage); and trash collection (to the extent Landlord elects from time to time to provide for trash collection as a project cost rather than having Tenant responsible for its own trash removal or treating trash removal as a common utility cost that is allocated to tenants within the Project). The manner of billing Project Operating Costs differs based on whether the lease is a "net" lease or an "industrial gross" lease.

 

(b) Industrial Gross Lease. If paragraph 1 provides that this is an Industrial Grass Lease, Basic Rental payable under paragraph 1(e) was established by taking into account Project Operating Costs estimated to be incurred during the calendar year in which the Lease commences ("Base Year"). If such Project Operating Costs for any succeeding calendar year during the Lease term exceed Project Operating Costs for the Base Year, Tenant shall pay to Landlord, as Additional Rental. Tenant's share of such increase for the year in question. Tenants share is called the Common Area Maintenance Fee and is based on Tenants Proportionate Share (pro rated if appropriate due to partial occupancy during the year) times the amount of the increase. Beginning on January 1 of the calendar year next following any year in which Tenant is obligated to pay increases as set out above, the total monthly payment set out in paragraph 1(e) shall be adjusted by an amount equal to: Landlords estimate of the Tenant's Common Area Maintenance Fee for the then current year divided by the remaining months under the then current year. After the end of every calendar year Landlord will deliver to Tenant a statement including (i) the previous calendar year's actual Project Operating Costs (ii) the adjustment, if any, reflecting the Additional Rental paid, and (iii) the net amount due Landlord or due to be reimbursed to Tenant; provided, however, in no event shall the total monthly payment ever be less than the Basic Rental specified in paragraph 1(e).

 

(c) Net Lease. If paragraph 1 identifies this as a Net Lease, then the Basic Rental set out in paragraph 1 does not include Tenant's share of the operating expenses of the Project for the initial year of occupancy or for any subsequent years. Rather, there is set out in paragraph 1 (e), a Common Area Maintenance Fee for the year of Lease commencement. The fee is based on estimated Project Operating Costs and is determined by Tenants Proportionate Share of the Project as set out in paragraph 1(c) above (pro rated if appropriate due to partial occupancy during the year). The initial Common Area Maintenance Fee will be adjusted between Landlord and Tenant after the final expenses for the year are determined. After the end of every calendar year Landlord will deliver to Tenant a statement including (i) the previous calendar year's actual Project Operating Costs (ii) the adjustment, if any, based on Common Area Maintenance Fee actually paid and (iii) the net amount due Landlord or due to be reimbursed to Tenant. Following completion of a calendar year, Landlord will estimate the Project Operating Costs for the next year and calculate Tenant's share of the estimated costs. The Common Area Maintenance Fee for the following year will then be adjusted based on such estimate by dividing the Tenant's share of estimated costs by the remaining months in the year (with appropriate credit, if any, for amounts paid during the year prior to the adjustment). The adjustment will be determined and communicated to Tenant as soon as feasible. Tenant shall adjust its total monthly payments to reflect the adjustment, if any, in the Common Area Maintenance Fee.

 

(d) Common Area Maintenance Fees and all adjustments due under this paragraph 4 based on year end reconciliation of actual Project Operating Costs to the Common Area Maintenance Fees actually collected shall constitute Additional Rental. Landlord shall promptly calculate any adjustment to the Common Area Maintenance Fee under this paragraph and communicate the calculations to Tenant. Payments due as a result of calculations of adjustments are payable within 30 calendar days. Landlord may apply all or part of Tenant's security deposit to pay for any amounts due to Landlord. Following any such application, Tenant shall, on demand, pay to Landlord the amount so applied in order to restore the security deposit to the original amount.

 

(e) Notwithstanding any expiration or termination of this Lease prior to the Lease expiration date, Tenant's obligation to pay any and all Additional Rental under this Lease shall continue and shall cover all periods up to the Lease expiration date. Tenant's obligation to pay any and all Additional Rental under this Lease and the obligation to make the adjustments referred to in this paragraph 4 shall survive any expiration or termination of this Lease.

 

5. Utilities and Services.

 

(a) Utilities include the following; Water, wastewater, storm water, trash removal, gas, and electrical power. Tenant is responsible for paying the cost of all utilities that are provided to the Premises whether or not the utility accounts are directly set up in Tenant's name or are paid by Landlord. If any utilities used by the Premises are billed to Landlord rather than to Tenant, then Tenant shall reimburse Landlord for such costs by paying a Utility Charge in addition to Basic Rental. Upon initial occupancy of the Premises, Landlord agrees to make the following utilities and installed fixtures available to the Premises at Landlord's sole cost and expense (i) water (including waste water disposal and storm water removal); (ii) air conditioning and heating units in existing locations and configurations; (iii) electric service and outlets; (iv) electrical lighting service for the exterior entrances and parking areas; and (v) natural gas service (if available within the project). Unless specifically provided in the special provisions of this Lease, Landlord has no obligation to alter the condition of any installed equipment or modify the capacity or configuration of utility service from that that exists on the date this Lease is signed. Landlord may, at its election, provide for routine trash removal services to the Premises or the Project from time to time. If trash removal services are provided, the costs will be treated either as Project Operating Costs and handled under paragraph 4 or billed to Tenant on a pro rata basis under this paragraph S. In no event is Landlord responsible for any removal of any hazardous wastes or other regulated substances. All such utilities and services shall be in the size and configuration existing as of the date of this Lease and Tenant accepts such configuration and sizes as adequate. For any utilities that are separately billed to the Premises, Tenant shall continuously maintain an active account with all utility service providers to the Premises and such services must remain turned on until Landlord has inspected the space and this Lease has terminated.

 

(b) If the accounts for electricity, water, wastewater, storm water removal, gas, trash removal or any other utility in the Premises are separately metered Tenant shall, at its expense, arrange for those utility accounts to be set up in Tenants name as of the commencement date and shall promptly pay the cost of all utilities billed to those accounts until the later of: (i) expiration of this Lease or (ii) completion of Landlords final inspection of the Premises after Tenant vacates the Premises. Tenant shall also separately pay for janitorial services within the Premises. If any utilities are billed in common for all or part of the project, Landlord shall invoice Tenant for its pro rated share of such utilities and Tenant shall promptly pay such charges to Landlord. Landlord may estimate Tenants share of any commonly billed utility expenses for the current calendar year and provide Tenant with a monthly Utility Charge that Tenant shall pay in addition to Basic Rental, Landlords initial estimate of commonly billed utility expense is set out in paragraph 1 above. After the end of each calendar year during the term of the Lease, Landlord will make a final adjustment in utility billing to reflect the actual utility expense and Tenant will be billed or credited as appropriate. Tenant shall pay any sums owing for utilities within 30 calendar days of being billed by Landlord.

 

(c) Landlord shall have no liability for any impairment of any utility or other services to the Premises resulting from any stoppage, interruption or inadequacy. If there is any such impairment of utility or other services, Landlord shall not be liable for any resulting damages to either person, property or business operations and the impairment shall not: (i) constitute an eviction of Tenant, (ii) entitle Tenant to any abatement or reduction of Basic Rental, Common Area Maintenance Fees, Utility Charges, Additional Rental or any other charges due under this Lease, or (iii) relieve Tenant of any of Tenant's obligations under this Lease.

 

6. Leasehold Improvements. Landlord has made no representations or warranties express or implied as to the condition of the Premises (including any equipment or systems), the building or the Project within which the Premises are located. Landlord has no obligation to remodel, repair or decorate, except as expressly set forth in this Lease. Tenant acknowledges that it is accepting the Premises in their "as is" condition as of the occupancy date.

 

7. Use. Tenant shall use the Premises only for the permitted use (as defined in paragraph 1(g)). Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the building or contents. If Tenants occupancy causes any increase in the rate of insurance on the Premises Tenant agrees to pay to Landlord the amount of such increase on demand and such increase shall be Additional Rental. Tenant will conduct its business and control its vendors; subcontractors; agents; employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or the Landlord in management of the Premises or the Project, Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises, Tenant shall not, without the prior express written consent of the Landlord do any of the following: (i) install or remove: partitions, electrical system components, or any part of the ceiling system (except for replacing damaged ceiling tiles), (ii) alter the plumbing fixtures, (iii) install or modify HVAC components (except for any required repairs), (iv) paint, install lighting or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises. Access to the roof of the Premises is strictly limited to maintenance and repair activity by Landlord or qualified repair contractors approved in advance by Landlord. Tenant (including its employees, vendors, subcontractors, agent and invitees) shall make no penetrations of the roof, party walls or exterior walls for any reason without Landlord's advance written consent. All alterations to the Premises that are approved by Landlord shall be maintained in good repair and operating condition.

 

8. Repairs and Maintenance.

 

(a) By Landlord: Except for reasonable wear and tear Landlord shall, at its expense, maintain in good repair and condition only the following portions of the building; the foundation, and the structural soundness of the exterior walls (excluding all windows, window glass, plate glass, and all doors). Repairs to the roof are a part of common area maintenance, but replacement of the roof is a Landlord expense. Tenant shall give immediate written notice to Landlord of any apparent need for repairs by Landlord; Landlord shall promptly perform any repairs that Landlord in its reasonable judgment determines are necessary. Tenant shall have no claim for abatement of rent or damages (to persons, property or business operations) on account of the failure of or repair to any item that is Landlord's obligation under this Lease. Landlord's liability for repairs shall be limited to the direct cost of the repair work.

 

(b) By Tenant: Tenant shall at its expense and risk continuously maintain all other parts of the Premises and other improvements on the Premises in good repair and condition, including but not limited to: pest control, repairs (including all necessary replacements) to the plumbing, windows, window glass, plate glass, electrical fixtures (such as lights, plugs, switches, wiring and breaker panels), interior and exterior doors (including hardware and locks), heating, ventilation and air-conditioning equipment, fire protection sprinkler system (if installed), and the interior of the Premises in general (such as walls, carpets, and ceiling tiles). All warranties and guarantees in effect on any of the items mentioned above will be for Tenant or Landlord's use as applicable. If any item for which Tenant is responsible is inoperable for any reason, Tenant shall promptly repair the item without regard to whether or not the items operation is currently essential to the particular use of the Premises by Tenant. If Tenant fails to properly and promptly maintain the Premises, Landlord may, after 10 days notice, elect to cause repairs or corrections to be made for the account of Tenant and the resulting costs be payable by Tenant to Landlord as Additional Rental on the next rental installment date. No notice is required if Landlord, in its sole judgment, determines that immediate repair action is necessary.

 

(c) Tenant, at Tenant's sole cost and expense, shall during the term of this Lease and any extensions thereof maintain a preventative maintenance service agreement on the HVAC system for the Premises with a HVAC contractor from time to time designated by Landlord. The service agreement shall, at a minimum, provide for filter replacement (on a frequency recommended by the contractor, but at least quarterly) and inspection or belts and safety controls; bi-annual cleaning of the condenser coils (or more frequently if dictated by local conditions and experience, adjustment and calibration of thermostats and checking of refrigerant operating pressures and temperatures; and annual checking of heating systems and checking, adjusting and lubricating of bearings and drives as required. A copy of the service agreement shall be provided to Landlord.

 

9.  Alterations and Improvements. At the end or other termination of this Lease, Tenant shall deliver up the Premises with all improvements, equipment, fixtures and property (except as otherwise provided in this Lease) in good repair and condition, reasonable wear and tear excepted, and shall deliver to Landlord all keys and security system codes and accounts to the Premises. Tenant shall pay the cost of any repair necessary to restore the Premises to the condition in which they are to be delivered by Landlord. Tenant will not make or allow to be made any alterations or physical additions in or to the Premises without the prior written consent of Landlord. All alterations, additions or improvements (whether temporary or permanent in character) made in or upon the Premises either by Landlord or by Tenant with Landlord's consent shall be Landlord's property on termination of this Lease and shall remain on the Premises without compensation to Tenant; provided, however, that if Landlord has specified that such alterations, additions or improvements shall be removed at the end of the lease term, then Tenant shall do so. All furniture, moveable trade fixtures and equipment installed by Tenant may be removed by Tenant at the termination of this Lease if Tenant so elects and shall be so removed if required by Landlord, or if not so removed shall, at the option of the Landlord, become the property of Landlord or Landlord may require removal at Tenant's risk and expense. All such installations, removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the Premises or the foundation, structure, roof, walls, interior partitions, utility lines, plumbing, electrical lines or other utilities.

 

10. Common Areas. Common Areas of the Project are for the use of all tenants and include, but are not limited to the following: parking areas (to the extent not reserved for a particular tenant), landscaping, loading areas, sidewalks, malls, promenades, common area restrooms, corridors, curb cuts and entrance drives. The use and occupation by Tenant of the Premises shall include the right to use Common Areas in common with the other tenants of the Project, Landlord may designate changes in the description of Common Areas. Tenant access to Common Areas does not include any access to the exterior windows, walls, roof access ladders or rooftops to the buildings in the Project. Access to roof tops is limited to performance of necessary repairs and maintenance for roof top equipment and improvements. All roof areas and Commons Areas shall at all times be subject to the exclusive control and management of Landlord and Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to all facilities and Common Areas designated by Landlord. Landlord may, at its election: construct, maintain, and operate signage and lighting facilities on all Common Areas and improvements, provide for routine or special cleaning, from time to time change the area, revise the location level and arrangement of parking areas and other facilities (including location of dumpsters and configuration of parking spaces), and restrict parking by tenants, their officers, agents, and employees to employee parking areas.

 

All Common Areas and facilities not within the Premises, which Tenant may be permitted to use and occupy, are to be used and occupied under revocable license and if the amount of such areas be diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such diminution of such areas be deemed constructive or actual eviction.

 

11. Assignments and Subletting. Tenant shall not assign or in any manner transfer its rights, estate or interest under this Lease or sublet the Premises or any part of the Premises, or grant any license, concession or other right of occupancy of any portion of the Premises without prior express written consent of the Landlord. Consent by Landlord to one or more assignments or subletting shall not operate as a waiver of Landlord's rights as to any subsequent assignments and subletting. Notwithstanding any assignment or subletting, Tenant and any guarantor of Tenant's obligations under this Lease shall at all times remain fully responsible and liable for the payment of the rent and for compliance with all of Tenant's other Obligations under this Lease. If Landlord assigns or transfers its interest in this Lease or the Premises, Landlord shall automatically be released from any further obligation to Tenant under this Lease and Tenant agrees to look solely to such successor in interest of the Landlord for performance of such obligations.   Tenant shall not mortgage, pledge or otherwise encumber its interest in this Lease or in the Premises.

 

12. Indemnity. Landlord shall not be liable for and Tenant will indemnify and save harmless Landlord of and from all fines, suits, claims, demands, losses and actions (including attorneys' fees) for any injury, loss or damage to person or property on or about the Premises caused by: (i) the negligence, gross negligence, recklessness, intentional misconduct or breach of this Lease by Tenant; (ii) Tenant's vendors, agents, employees, subtenants, invitees or by any other person entering the Premises or the Building under express or implied invitation of Tenant; or (iii) arising out of or related to Tenant's use of the Premises. Landlord shall not be liable or responsible for any loss or damage to any property or bodily or personal injury to any person occasioned by: theft; fire; storm; flood; Act of God; public enemy; injunction; riot; strike; insurrection; war; court order; requisition by governmental body or authority; other tenants of the Premises; or any other matter beyond control of Landlord. Landlord shall not be liable for any injury, damage or inconvenience which may arise from: (i) repair or alteration of any part of the Premises, (ii) failure to make repairs, or (iii) any cause whatever except Landlord's recklessness. To the extent necessary to allow for indemnification of Landlord by Tenant in connection with bodily injury to employees of Tenant, Tenant waives its right to claim that a workers compensation recovery is the sole liability of Tenant to any third party with respect to the injury of an employee arising within the scope of their employment.

 

13. Mortgages. Tenant accepts the Premises subject to: (i) any deeds of trust, security interests or mortgages which might now or in the future constitute a lien on all or part of the Premises or the Project (ii) all governmental regulations relating to the use of the Premises (including zoning ordinances, building and fire codes, and all laws or regulations that apply to environmental com



 
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