12-21-1994 Council Agenda - Laserfiche WebLink

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Section 10.02 Entire Agreement, This Lease and Exhibits A and 5, attached hereto, set forth all covenants, promises, agreements, conditions and understandings between Landlord and Tenant concerning the Premises. There are no covenants, promises, agreements, conditions or understandings, either oral or written, between the parties hereto other than as herein set forth. No subsequent change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by them. Section 10.03. No Partnership, Landlord does not in any way become a partner, joint venturer, or member of a joint enterprise with Tenant by virtue of this Lease. Section 10.04 Force Majeure, If either party is delayed from the performance of any act required hereunder by reason of labor troubles, inability to procure materials, failure of power, restrictive governmental regulations, riots, insurrection, war, or like reasons not the fault of the party delayed, then the period for performance of the act, (except for the payment of Rent which shall not be affected), shall be extended for a period equivalent to the period of the delay. Section 10.05. waiver, The waiver by Landlord or Tenant of any breach of any term, covenant, or condition herein shall not be deemed to be a continuing waiver of the term, covenant or condition. The acceptance of Rent by Landlord shall not be deemed a waiver of any preceding breach by Tenant of any covenant herein, other than the failure of Tenant to pay the Rent so accepted. No covenant, term or condition of this Lease shall be waived by Landlord or Tenant, unless the waiver be in writing. Section 10.06 Notices, Any notices given or required to be given to Landlord shall be sent or personally delivered to the parties hereto at the addresses shown on the first page of this Lease. Notice shall be deemed given when deposited in the U.S. Mail, postage prepaid and correctly addressed, by certified mail, to the respective parties or when personally delivered. Section 10 07. Partial Invalidity, If any provision of this Lease or any specific application shall be invalid or unenforceable, the remainder of this Lease, or the application of the provision in other circumstances shall not be affected, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. Section 10.08 Memorandum Lease, Landlord and Tenant, upon the request of either party, shall execute a Memorandum of Lease in the form acceptable to both parties. Either party shall be entitled to record the Memorandum of Lease with the appropriate land title registry of the state in which Premises is located. If such recording is required by law, each party shall execute 9 Page 174 ST /TT'd HQHNHO 3111I1 01 008130 8 83a03 A3N33MS WOHJ 03:01 466T -ST -030