JULY 05
SOLICITATION FOR OFFERS
OUTPATIENT CLINIC
SFO NO. V101-183R-xxx-xxx-xx
[INSERT LOCATION OF FACILITY]
(4)
That the Lessor, and each prospective lender and purchaser are deemed to have
constructive notice of such facts as would be ascertainable by reasonable prepurchase
and precommitment inspection of the Premises and Building and by inquiry to
appropriate Federal, State and local Government officials.
6.
552.270-25 - SUBSTITUTION OF TENANT AGENCY (SEP 1999)
The Government may, at any time and from time to time, substitute any Government agency or
agencies for the Government agency or agencies, if any, named in the lease.
7.
552.270-26 - NO WAIVER (SEP1999)
No failure by either party to insist upon the strict performance of any provision of this lease or to
exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial
rent or other performance by either party during the continuance of any such breach shall constitute
a waiver of any such breach of such provision.
8.
552.270-27 - INTEGRATED AGREEMENT (SEP 1999)
This Lease, upon execution, contains the entire agreement of the parties and no prior written or oral
agreement, express or implied, shall be admissible to contradict the provisions of the Lease.
9.
552.270-28 - MUTUALITY OF OBLIGATION (SEP 1999)
The obligations and covenants of the Lessor, and the Government's obligation to pay rent and other
Government obligations and covenants, arising under or related to this Lease, are interdependent.
The Government may, upon issuance of and delivery to Lessor of a final decision asserting a claim
against Lessor, set off such claim, in whole or in part, as against any payment or payments then or
thereafter due the Lessor under this lease. No setoff pursuant to this clause shall constitute a
breach by the Government of this lease.
10.
552.270-17 - DELIVERY AND CONDITION (SEP 1999)
(a)
Unless the Government elects to have the space occupied in increments, the space must be
delivered ready for occupancy as a complete unit. The Government reserves the right to
determine when the space is substantially complete.
(b)
If the premises do not in every respect comply with the provisions of this lease the
Contracting Officer may, in accordance with the Failure in Performance clause of this lease,
elect to reduce the rent payments.
11.
552.270-18 - DEFAULT IN DELIVERY - TIME EXTENSIONS (SEP 1999) (VARIATION)
(a)
With respect to Lessor's obligation to deliver the premises substantially complete by the
delivery date, time is of the essence. If the Lessor fails to work diligently to ensure its
substantial completion by the delivery date or fails to substantially complete the work by such
date, the Government may by notice to the Lessor terminate this lease. Such termination is
effective when received by Lessor. The Lessor and the Lessor's sureties, if any, are jointly
and severally liable for any damages to the Government resulting from such termination, as
provided in this clause. The Government shall be entitled to the following damages:
(1)
The Government's aggregate rent and estimated real estate tax and operating cost
adjustments for the firm term and all option terms of its replacement lease or leases, in
excess of the aggregate rent and estimated real estate tax and operating cost
adjustments for the term. If the Government procures replacement premises for a term
(including all option terms) in excess of this term, the Lessor is not liable for excess
Government rent or adjustments during such excess lease term.
(2)
All administrative and other costs the Government incurs in procuring a replacement
lease or leases.
(3)
Other, additional relief provided for in this lease, at law, or in equity.
(b)
Damages to which the Government is entitled to under this clause are due and payable thirty
(30) days following the date Lessor receives notice from the Contracting Officer specifying
such damages.
Part IX Forms
Lessor __________ Gov't. __________
__________ of __________ Pages
GENERAL CLAUSES (Form 3517B)
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