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the purpose or purposes for which the said premises are hereby
leased; and no use shall be made or permitted to be made of the
said premises, nor acts done, which will increase the existing
rate of insurance upon the building in which said premises may
be located, or cause a cancellation of any insurance policy
covering said building, or any part thereof, nor shall Lessee
sell, or permit to be kept, used, or sold, in or about said
premises, any articles which may be prohibited by the term of
fire insurance policies. Lessee shall, at his sole cost and
expense, comply with any and all requirements of any insurance
organization or company pertaining to said premises, which
requirements are necessary for the maintenance of reasonable fire
and public liability insurance, covering said building and
appurtenances. See Paragraph 26.
Lessee shall not commit, or suffer to be committed, any
waste upon said premises, or any nuisance, or other act or thing
which may disturb the quiet enjoyment of any other tenant in the
building in which the demised premises may be located, or in any
way obstruct, interfere with, injure or annoy them, or do or
permit to be done anything in any way tending to disturb the
occupants of neighboring property or tending to injure the
reputation or appearance of the building.
Lessee shall not conduct or permit to be conducted any
sale by auction on or from said premises.
Alterations 4. Lessee shall not make, or suffer to be made, any
alterations of the said premises, or any part thereof, without
the written consent of Lessor first had and obtained, and any
additions to, or alterations of, the said premises, except
movable furniture and trade fixtures, shall become at once a part
of the realty and belong to Lessor.
Abandon- 5. Lessee shall not vacate or abandon the premises at any
ment time during the term; and if Lessee shall abandon, vacate or
surrender said premises, or be dispossessed by process of law, or
otherwise, any personal property belonging to Lessee and left on
the premises shall, at the option of Lessor, be deemed to be
abandoned.
6. Lessee shall, at his sole cost, keep and maintain said
premises and appurtenances and every part thereof (including
exterior walls and roofs which Lessee agrees to repair),
including, without limitation, glazing, sidewalks adjacent to
said premises, plumbing, heating and sewer facilities, any store
front, and the interior of the premises, in good and sanitary
order, condition and repair, hereby waiving all right to make
repairs at the expense of Lessor. By entry hereunder, Lessee
accepts the premises as being in good and sanitary order,
condition and repair, and agrees on the last day of said term, or
sooner ????? of this lease, to surrender unto Lessor all and
singular said premises and the appurtenances in the same
condition as when received, reasonable use and wear thereof and
damage by fire, act of God or by the elements excepted, and to
remove all of Lessee's signs from said premises. See Paragraph
29.
Lessee shall have all passenger and/or freight elevators
now on or hereafter constructed upon the premises, and all
elevators, including sidewalk elevators, actually used by Lessee
in connection with the premises, whether on the premises or not,
regularly inspected, and shall keep the same in good running
order and in perfect repair and condition and keep same covered
during the term hereof by permit and license to operate by the
Industrial Accident Commission of the State of California, and by
any other public authority from which a license or permit is or
may be required, at the sole cost and expense of Lessee.
In the event that the provisions of any law, ordinance,
or rule now in force or hereafter enacted by Municipal, State, or
National Authority, requires, by reason of Lessee's use of the
premises, any alterations, additions, repairs or acts of any kind
to be done in connection with the premises or any part thereof,
the same shall be done at the sole cost and expense of Lessee.
Free from 7. Lessee shall keep the demised premises and the
Liens property on which the demised premises are located, free from any
liens arising out of any work performed, materials furnished, or
obligations incurred by Lessee.
Compliance 8. Lessee shall, at his sole cost and expense, comply
with with all of the requirements of all Municipal, State, and Federal
Govern- Authorities now in force, or which may hereafter be in force,
mental pertaining to the use of said premises, and shall faithfully
Regulations observe in the use of the premises all Municipal ordinances and
State and Federal Statutes now in force or which may hereafter be
in force. The judgment of any court of competent jurisdiction, or
the admission of Lessee in any action or proceeding against
Lessee, whether Lessor be a party thereto or not, that Lessee has
violated any such ordinance or statute in the use of the
premises, shall be conclusive of that fact between Lessor and
Lessee.
Hold 9. Lessee, as a material part of the consideration to be
Harmless rendered to Lessor, hereby waives all claims against Lessor for
damages to goods, wares and merchandise, and all other personal
property in, upon or about said premises and for injuries to
persons in or about said premises, from any cause arising at any
time, and Lessee will save, defend, and hold Lessor exempt and
harmless from any damage or injury, occurring in, on, or about
the demised premises, to any person, or to the goods, wares and
merchandise and all other personal property of any person arising
from any cause whatsoever.
Advertise- 10. Lessor reserves the exclusive right to the roof, and
ments to all exterior walls or parts of the premises, and access
and thereto, and the same are not covered by this lease, and Lessee
Signs agrees that no signs, advertisements or notices whatsoever shall
be inscribed, painted, affixed or displayed on, to or in any part
of the outside or inside, or on the roof of the premises, without
the written consent of Lessor. Any signs to placed on the
premises shall be so placed upon the understanding and agreement
that Lessee will remove same at the termination of the tenancy
herein created and repair any damage or injury to the premises
caused thereby, and if not so removed by Lessee then Lessor may
have same so removed at Lessee's expense.
Utilities 11. Lessee shall pay promptly, as the same may become
due, all bills for water, gas, heat, light, power, telephone
service and all other services supplied to the said premises.
Entry by 12. Lessee shall permit Lessor and/or his agents to enter
Lessor into and upon said premises at all reasonable times for the
purpose of inspecting the same or for the purpose of maintaining
the building in which said premises are situated, or for the
purpose of making repairs, alterations or additions to any
portion of said building, including the erection and maintenance
of such scaffolding, canopies, fences and props as may be
required, or for the purpose of posting notices of
nonresponsibility, or for the purpose of placing upon the
property in which the said premises are located any usual or
ordinary "for sale" signs, without any rebate of rent and without
any liability to Lessee for any loss of occupancy or quiet
enjoyment of the premises thereby occasioned, and shall permit
Lessor and his agents, at any time within ninety days prior to
the expiration of this lease, to place upon said premises any
usual or ordinary "to let" or "to lease" signs and to exhibit the
premises to prospective tenants at reasonable hours.
Destruction 13. In the event of a partial destruction of the premises
of Premises during the said term, from any cause, other than ordinary wear
and tear, Lessor shall forthwith repair the same, provided such
repairs can be made within ninety (90) days under the then
existing laws and regulations. Such partial destruction shall in
no wise annul or void this lease, except that the Lessee shall be
entitled to a proportionate reduction of rent while such repairs
are being made, such reduction to be based upon the extent to
which the making of such repairs shall interfere with the
business carried on by the Lessee in the said premises. If such
repairs cannot be made within ninety (90) days, Lessor may, at
his option, make same within a reasonable time, this lease
continuing in full force and effect and the rent to be
proportionately reduced as aforesaid. In the event that Lessor
shall elect not to make such repairs which cannot be made within
ninety (90) days, Lessor shall give Lessee prompt written notice
of such election, and thereupon this lease may be terminated at
the option of either party by notice in writing to the other
within five (5) days after the giving or receiving of such
notice. In respect to any partial destruction which Lessor is
obligated to repair or may elect to repair under the terms of
this paragraph, the Provisions of Section 1932, Subdivision 2,
and of Section 1933, Subdivision 4, of the Civil Code of the
State of California are waived hereby by Lessee. In the event
that the building in which the demised premises are situated be
destroyed to the extent of not less than 33 1/3% of the
replacement cost thereof, Lessor may elect to terminate this
lease, whether the demised premises be injured or not. A total
destruction of the premises,