Standard Sublease Form (Page 7 of 9) in pdf

State, in either such event, at its option, and in addition to maintaining occupancy, may terminate this sublease or, upon

notice to Sublessor, may elect to undertake the repairs itself, deducting the cost thereof from the rental due or to become due

under this sublease and any other sublease between Sublessor and State.

In the event of any such destruction other than total, where the State has not terminated the sublease as herein provided,

or pursuant to the terms hereof has not elected to make the repairs itself, Sublessor shall diligently prosecute the repair of

said premises and, in any event, if said repairs are not completed within the period of thirty (30) days for destruction

aggregating 10 percent (10%) or less of the floor space, or within the period specified in Sublessor's notice in connection

with partial destruction aggregating more than 10 percent (10%), the State shall have the option to terminate this sublease or

complete the repairs itself, deducting the cost thereof from the rental due or to become due under this sublease and any

other sublease between Sublessor and State.

In the event the State remains in possession of said premises though partially damaged, the rental as herein provided shall

be reduced by the same ratio as the net square feet the State is thus precluded from occupying bears to the total net square

feet in the subleased premises. "Net square feet" shall mean actual inside dimensions and shall not include public corridors,

stairwells, elevators, and restrooms.

It is understood and agreed that the State or its agent has the right to enter its destroyed or partially destroyed subleased

facilities no matter what the condition. At the State's request, the Sublessor shall immediately identify an appropriate route

through the building to access the State subleased space. If the Sublessor cannot identify an appropriate access route, it is

agreed that the State may use any and all means of access at its discretion in order to enter its subleased space.

Subrogation

21. To the extent authorized by any fire and extended coverage insurance policy issued to Sublessor on the herein

Waived

subleased premises, Sublessor hereby waives the subrogation rights of the insurer, and releases the State from liability for any

loss or damage covered by said insurance.

Prevailing Wage

22. For those projects defined as "public works" pursuant to Labor Code §1720.2, the following shall apply:

Provision

A. Sublessor/contractor shall comply with prevailing wage requirements and be subject to restrictions and

penalties in accordance with §1770 et seq. of the Labor Code which requires prevailing wages be paid to

appropriate work classifications in all bid specifications and subcontracts.

B. The Sublessor/contractor shall furnish all subcontractors/employees a copy of the Department of Industrial

Relations prevailing wage rates which Sublessor will post at the job site. All prevailing wage rates shall be

obtained by the Sublessor/contractor from:

Department of Industrial Relations

Division of Labor Statistics and Research

455 Golden Gate Avenue, 8

Floor

San Francisco, California 94102

C. Sublessor/contractor shall comply with the payroll record keeping and availability requirement of §1776 of

the Labor Code.

D. Prior to commencement of work, Sublessor/contractor shall contact the Division of Apprenticeship

Standards and comply with §1777.5, §1777.6, and §1777.7 of the Labor Code and Applicable Regulations

Fair Employment

23. During the performance of this sublease, the Sublessor shall not deny benefits to any person on the basis of religion,

Practices

color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any

employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental

disability, medical condition, marital status, age, or sex. Sublessor shall insure that the evaluation and treatment of employees

and applicants for employment are free of such discrimination.

Sublessor shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900

et seq.), the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.), the

provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections 11135-

11139.5), and the regulations or standards adopted by the awarding State agency to implement such article.

Page 7 of 9

(Rev. 5/14)

Standard Sublease Form Page 7

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