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<br />20 <br /> <br /> 35. Recording. At the request of either party, the parties will execute a written <br />memorandum of this Agreement, which will be recorded as appropriate under the <br />recording laws of the county and state in which the Leased Property is located. 36. <br />Severability. If any court of competent jurisdiction finds any provision or party of this <br />Agreement is invalid, illegal, or unenforceable, that portion will be deemed severed from <br />this Agreement, and all remaining terms and provisions of this Agreement will remain <br />binding and enforceable; however, the parties agree that this Agreement will be reformed <br />to replace any invalid, illegal, or unenforceable provision or portion of this Agreement <br />with an alternative provision that is enforceable and bears as close resemblance as <br />possible to any provision determined to be invalid, illegal, or unenforceable. <br /> 37. No Waiver. Any failure by either Owner or Tenant to enforce any of the <br />provisions of this Agreement upon any default, breach, or cause will not be deemed a <br />waiver of any of Owner's or Tenant's rights or remedies with respect to any subsequent <br />default, breach, or cause. <br /> 38. Headings. Headings in this Agreement are for convenience only and will not <br />be used to interpret or construe its provisions. <br /> 39. Intentionally Omitted. <br /> 40. Prior Lease. The parties acknowledge that Tenant currently leases space at <br />the Tower Property under the terms and conditions of the Prior Lease. Owner and Tenant <br />acknowledge and agree that the Prior Lease will expire on December 31, 2019, and that <br />thereafter, the terms and conditions of this Agreement shall be the sole instrument <br />governing the leasing of space by Tenant at the Tower Property.