2026-08-27 · Board Packet · Page 24

Mutual Termination of Lease 
Page 2 of 4 
 
ARTICLE 2. Termination of the Lease 
Subject to the terms and conditions of this Agreement, the Lessor and the Lessee mutually agree that all 
their respective rights, obligations and duties pursuant to the Lease Agreement  shall be deemed to be 
terminated with effect from the Early Termination Date provided always that the following obligations 
and duties of the Parties shall not be deemed terminated: a) the Lessee’s obligations and duties pursuant 
to Article 1; b) any liability of the Lessee that is incurred on or before the Early Termination Date arising 
out of the Lessee’s possession of the Property pursuant to the Lease Agreement; c) the Lessee’s obligation 
to make any repairs necessary as a result of the removal of the Lessee’s fixtures from the Property and 
any other damage caused during the removal; and d) th e termination of the Lease Agreement shall not 
absolve the Lessee of any obligation to pay any taxes, rent or other expenses in relation to the Property, 
the liability for which arises on or prior to the Early Termination Date. 
ARTICLE 3. Mutual Release 
3.1   Where the Lessor has fulfilled all obligations arising pursuant to this Agreement, the Lessee agrees 
to release, discharge and waive any claims against the Lessor arising out of or in any way connected with 
the Lease Agreement or this Agreement through to the Early Termination Date.  
ARTICLE 4. Warranties 
The Lessee makes the following warranties and undertakings to the Lessor: 
4.1   The Lessee warrants that it has not assigned any part of its rights, obligations and duties pursuant to 
the Lease Agreement to any other party, either voluntary or by operation of law. 
4.2   The Lessee undertakes to the Lessor that the Lessee shall not take any actions which may pre vent 
the Lessor from enjoying quiet possession of the Property at any time after the Early Termination Date. 
ARTICLE 5. Indemnity and Limitation of Liability   
5.1   The Lessee hereby agrees to indemnify and hold harmless the Lessor from and against any claim, 
damage, liability, loss, cost or expense (including reasonable attorney’s fees) from any party arising, 
directly or indirectly out of: a) a failure on the part of the Lessee to perform any of the obligations 
referenced in this Agreement; and b) an ina ccuracy, misrepresentation or breach of any warranties or 
undertakings made by the Lessee and shall extend to legal actions of whatever nature arising out of such 
actions. 
5.2   Lessor shall not be liable for indirect or consequential damages arising from any breach of contract.