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| Premises: 2812 Hegan Lane, Suite B, Chico, CA 95928 9,682 SF Office ___ _ Date May 6, 2017 __ _ 18. ALTERATIONS: Tenant shall not make any alterations in or about U,e Premises, including installation of trade fixtures and signs. without Landlord's prior written consent, which shall not be unreasonably withheld. Any alterations to the Premises shall be done according to Law and with required permits. Tenant shall give Landiord advance notice of the commencement date of any planned alteration, so that Landlord, at its option, may post a Notice of Non-Responsibility to prevent potential liens against Landlord's interest in the Premises. Landlord may also require Tenant to provide Landlord with lien releases from any contractor performing work on the Premises. 19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by Law as a result of Tenant's use shall be Tenant's responsibility. Landlord shall be responsible for any other alterations required by Law. 20. ENTRY: Tenant shall make Premises available to Landlord or Landlord's agent for the purpose of entering to make inspections, necessary or agreed repairs. alterations. or improvements, or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors. Landlord and Tenant agree that 24 hours notice {oral or written) shall be reasonable and sufficient notice. In an emergency, landlord or Landlord's representative may enter Premises at any time without prior notice. 21. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises at any time. and a FOR LEASE sign on the Premises within the 90 (or! ] ___ __) day period preceding the termination of the agreement. 22. SUBLETTING/ASSIGNMENT: Tenant shall not sublet or encumber all or any part of Premises, or assign or transfer this agreement or any interest in it. without the prior written consent of Landlord, which shalf not be unreasonably withheld. Unless such consent is obtained, any subletting, assignment, transfer, or encumbrance of the Premises. agreement, or tenancy, by voluntary act of Tenant, operation of law, or otherwise. shall be nun and void, and, at the option of Landlord, terminate this agreement. Any proposed sublessee. assignee, or transferee shall submit to Landlord an application and credit information for Landlord's approval. and. if approved. sign a separate written agreement with Landlord and Tenant. landlord's consent to any one sublease. assignment, or transfer, shall not be construed as consent to any subsequent sublease, assignment. or transfer, and does not release Tenant of Tenant's obligation under this agreement. 23. POSSESSION: If Landlord is unable to deliver possession of Premises on Commencement Date. such date shall be extended to the date on which possession is made available to Tenant. However, the expiration date shall remain the same as specified in paragraph 2. If Landlord is unable to deliver possession within 60 (orO _ _ __ ) calendar days after the agreed Commencement Date, Tenant may terminate this agreement by giving written notice to Landlord, and shall be refunded alt Rent and security deposit paid. 24. TENANrs OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement. Tenant shall: (i) give Landlord all copies of all keys or opening devices to Premises, including any common areas: (ii) vacate Premises and surrender it to Landlord empty of all persons and personal property; (iii) vacate all parking and storage spaces; (Iv) deliver Premises to Landlord in the same condition as referenced in paragraph 11; (v) clean Premises; (vi) give written notice to Landlord of Tenant's forwarding address; and (vii) All im.provements installed by Tenant. with. or without Landlord's cOOsent, become the property of Lafldlord upon t8rmination. Landlord ma-y nevertheless require Tenant to remove any such improvement that did not exist at the time possession was made available to Tenant. 25. BREACH OF CONTRACT/EARLY TERMINATION: In event Tenant, prior to expiration of this agreement, breaches any obligation in this agreement, abandons the premises, or gives notice of tenant's intent to terminate this tenancy prior to its expiration, in addition to any obligations established by paragraph 24, Tenant shall also be responsible for lost rent, rental commissions. advertising expenses, and painting costs necessary to ready Premises for re-rental. landlord may also recover from Tenant: (iJ the worth, at the time of award, of the unpaid Rent that had been earned at the time of termination; (ii) the worth, at the time of award, of the amount by which the unpaid Rent that would have been earned after expiration until the time of award exceeds the amount of such rental loss the Tenant proves could have been reasonably avoided; and (iii) the worth, at the time of award, of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss t11at Tenant proves could be reasonably avoided. Landlord may elect to cominue the tenancy in effect for so long as Landlord does not terminate Tenant's right to possession, by either written notice of termination of possession or by reletting the Premises to another who takes possession, and Landlord may enforce all Landlord's rights and remedies under this agreement, including the right to recover the Rent as it becomes due. 26. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete such restoration within 90 days from the date of damage, subject to the terms of this paragraph, this agreement shall remain in full force and effect. If Landlord is unable to restore the Premises within this time, or if Landlord elects not to restore. then either landlord or Tenant may terminate this agreement by giving the other written notice. Rent shall be abated as of the date of damage. The abated amount shall be the current monthly Base Rent prorated on a 30-day basis. If this agreement is not terminated, and the damage is not repaired, then Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of the Premises. If total or partial destruction or damage occurs as a result of an act of Tenant or Tenant's guests, (i) only Landlord shall have the right. at Landlord's sole discretion. within 30 days after such total or partial destruction or damage to treat the lease as terminated by Tenant, and (ii) Landlord shall have the right to recover damages from Tenant. 27. HAZARDOUS MATERIALS: Tenant shail not use, store, generate, release or dispose of any hazardous material on the Premises or the property of which the Premises are part. However, Tenant is permitted to make use of such materials that are required to be used in the normal course of Tenant's business provided that Tenant complies with all applicable Laws related to the hazardous materials. Tenant is responsible for the cost of removal and remediation, or any clean-up of any contamination caused by Tenant. 28. CONDEMNATION: If all or part of the Premises is condemned for public use, either party may Jerminate this agreement as of the date possession is given to the condemner. All condemnation proceeds, exclusive of U,ose allocated by the condemner to Tenant's relocation costs and trade fixtures. oelong to Landlord. 29. INSURANCE: Tenant's personal property, fixtures, equipment, inventory and vehicles are not insured by Landlord against loss or damage due to 'ire. theft, vandalism. rain. water. criminal or negligent acts of others. or any other cause. Tenant is to carry Tenant's own property insurance to protect Tenant from any such loss. In addition. Tenant shall carry (i) liability insurance in an amount of not less than S 2,000,000.Da and (ii) property insurance in an amount sufficient to cover the replacement cost of the property if Tenant is responsible for maintenance under paragraph 178. Tenant's insurance shall name Landlord and Landlord's agent as additional insured. Tenant, upon Landlord's request. shall provide Landlord with a certificate of insurance establishing Tenant's compliance. Landlord shall maintain liability insurance insuring Landlord, but not Tenant, in an amount of at least$ , plus property insurance in an amount sufficient to cover the replacement cost of the property unless Tenant is responsible for maintenance l)l.!rsuant to paragraph 178. Tenant is advised to carry business interruption insurance in an amount at least sufficient to cover Terant's complete. ,~,al obl;g,ooo ,o La-d LaodO,d i, ''";s,d ,, ob<,;,,,,,;,,,•~ ""raooo. Bo~ Laodk>,d aod T~ru release each other, and wa\ 1 ,e1r respective rights to subrogation against each other, for loss r age covered by insurance. Landlord's Initials ( .. --:W) ( __ ) Tenant's lnilials ( _) ( ____ ) ~ Cl REVISED 12/15 (PAGE.1 o~) l.:.f _/ COMMERCIAL LEASE AGREEMENT (CL PAGE 3 OF 6) '.'; ;·-,-.~, Producoa with 2,pForrn® Cy %.lpLogn: 180/U httcon Mlle Rood, t-rccor, Mlefllg.:ln 48026 WWW ZtPLOQIX com |