Agenda Packets - 1999/03/22 - Laserfiche WebLink

Home Browse Search

holdover period shall be the then current"minimum rent"plus fifty percent (50%) thereof shall continue to be paid. 16.2 NO PARTNERSHIP. It is expressly understood that the Landlord and Tenant are not partners or co-venturers, and that the Landlord has no right, title or interest in and to the business of the Tenant, and that the Tenant has no right to represent or bind the Landlord in any respect whatsoever, and that nothing herein contained shall be deemed, held or construed as making the Landlord a partner or associate of the Tenant, or as rendering the Landlord liable for any debts, liabilities or obligations incurred by the Tenant; it being expressly understood that the relationship between the parties hereto is and shall at all times remain, that of Landlord and Tenant. 16.3 WAIVER. Failure on the part of the Landlord to complain of any action or nonaction on the part of Tenant, no matter how long the same may continue, and no matter what other action or non-action by Tenant that Landlord has already complained of shall never be deemed to be a waiver by Landlord of any of its rights hereunder. Further, it is covenanted and agreed that no waiver at any time of any of the provisions hereof by Landlord shall be construed as a waiver of any of the other provisions hereof and that a waiver at any time of any of the provisions hereof shall not be construed as a waiver at any subsequent time of the same provisions. The consent or approval shall not be deemed to waive or render unnecessary Landlord's consent or approval to or any subsequent similar act by Tenant. No payment by Tenant, or acceptance by Landlord, of a lesser amount than shall be due from Tenant to Landlord, even after demand by Landlord for rent pursuant to Tenant's rent default shall be treated otherwise than a payment on account. The acceptance by landlord of a check for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such check,that said lesser amount is payment in full shall be given no effect, and Landlord may accept such check without prejudice to any further rights or remedies which Landlord may have against Tenant. Further, failure of the Landlord to bill timely for other additional rent as heretofore required shall not be deemed a waiver of Tenant's liability to pay same. 16.4 COVENANT OF QUIET ENJOYMENT. Tenant, subject of the terms and provisions of this Lease, on payment of the rent and observing, keeping and performing all of the terms and provisions of this Lease on its part to be observed, kept and performed, shall lawfully, peaceably and quietly have, hold, occupy and enjoy the Demised Premises during the term hereof without hindrance or objection by any persons lawfully claiming under Landlord. 16.5 ENTIRE AGREEMENT. This Lease is executed in identical counterparts, each of which, when bearing original initials of the parties on each page and at each change in the text hereof as well as original signatures at the end of each document, shall constitute an original for all purposes. All previous agreements, including the lease entered into between the parties on June 9, 1997, whether oral or written are superseded by and merged with this Lease. Subsequent Page 15 3/22/99--CHS Lease agreement