|FORTERRA, INC. filed this Form 8-K on 06/11/2018|
however, Landlord hereby waives its Lien for Rent imposed on Tenant’s property at the Demised Properties in Arizona by A.R.S. § 33-361(D).
(e) Definition of Environmental Laws. For any Demised Property located in the State of Arizona, the definition of Environmental Laws set forth in Schedule 1 of the Lease shall include Ariz. Rev. Stat. Ann., Title 49 (the “Environment”) and any statutes amending, supplementing or supplanting same. “
Section 40.03 Intentionally Omitted.
Section 40.04 California. Without limiting the choice of law provision set forth in Article 26, the following provisions shall apply to the extent that the laws of the State of California govern the interpretation or enforcement of this Lease with respect to any Demised Property located in such state, as determined by a court of competent jurisdiction:
(a) Effect of Waivers. With respect to the release set forth in Section 9.03, Tenant hereby waives, to the fullest extent permitted by Law, the benefits of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
(b) Eminent Domain. The provisions of this Lease, including those in Article 12, constitute an express agreement between Landlord and Tenant that applies in the event there is any taking of any part of the Demised Property for any public or quasi-public use under any statute or by right of eminent domain or by purchase in lieu thereof (collectively, “Condemnation”). Tenant and Landlord each hereby waives, to the fullest extent permitted by Law, all rights it may have under California Code of Civil Procedure Section 1265.130, or otherwise, to terminate this Lease based on a total or partial Condemnation.
(c) Damage and Destruction. The provisions of this Lease, including those in Article 11, constitute an express agreement between Landlord and Tenant that applies in the event that any Demised Property or any part thereof shall be damaged or destroyed by fire or other casualty of any kind or nature. Landlord and Tenant, each therefore, fully waives, to the fullest extent permitted by Law, the provisions of any statute or regulation, including California Civil Code, Sections 1932(2) and 1933(4), relating to any rights or obligations concerning any such fire or other casualty.
(d) Notices. When this Lease requires service of a notice, that notice shall replace rather than supplement any equivalent or similar statutory notice, including any notices required by California Code of Civil Procedure Section 1161 or any similar or successor statute. When a statute requires service of a notice in a particular manner, service of that notice (or a similar notice required by this Lease) in the manner required by Article 17 shall replace and satisfy the statutory service-of-notice procedures, including those required by California Code of Civil Procedure, Section 1162 or any similar or successor statute.
(e) Certified Access Specialist Inspection. Tenant acknowledges that the Demised Properties have not undergone an inspection by a Certified Access Specialist (CASp), and Landlord has no knowledge whether or not the Demised Properties meet all applicable construction-related accessibility standards pursuant to California Civil Code, Section 55.51 et seq.
(f) Remedies. It is intended that Landlord shall have the remedy described in California Civil Code, Section 1951.4, which provides that, when a tenant has the right to sublet or assign, the landlord may continue the lease in effect after the tenant’s breach and abandonment and recover rent as it becomes
-43- A&R MASTER LAND AND BUILDING LEASE