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CC PACKET 10131987
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CC PACKET 10131987
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Last modified
12/30/2015 4:25:06 PM
Creation date
12/30/2015 4:24:27 PM
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SP Box #
18
SP Folder Name
CC PACKETS 1987-1989
SP Name
CC PACKET 10131987
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Relationship' of Parties . The relationship between • . <br /> the parties to this Lease shall .be and is .expressly one of <br /> landlord and tenant , and no partnership,- ,joint venture or <br /> other association or relationship exists between Lessor and <br /> Lessee. No employee of Lessee will be deemed an employee ' <br /> of Lessor, and no employee of Lessor will- be deemed an employee <br /> of Lessee. Each party will be responsible for the acts and <br /> omissions of only its own employees and not those of the other <br /> party. <br /> Competition. Neither Lessee nor any person, partner- <br /> ship, corporation or other entity under the control of Lessee <br /> or under common control with Lessee will own, operate -or manage <br /> a restaurant within a one-mile radius of the demised premises <br /> during the term of this Lease. <br /> Brokers . Lessor and Lessee represent and warrant <br /> one to another that neither of them has employed or otherwise <br /> used any broker or agent in relation to this Lease . Lessor <br /> will indemnify and hold Lessee harmless, and Lessee will indemnify <br /> and hold Lessor harmless , from and against any claims for <br /> brokerage or other commissions or fees arising out of any <br /> breach of the foregoing representation and warranty by the <br /> respective indemnitors. <br /> Sale by Lessor . Lessor ' s interest under this Lease ® I <br /> shall be freely assignable, and the obligations of Lessor <br /> arising or accruing under this Lease after an. assignment will <br /> be enforceable only against the assignee. <br /> Subordination. At the request of any mortgagee <br /> or ground lessor, this Lease will be subject and subordinate <br /> to any mortgage or ground lease which may now or hereafter <br /> encumber the Building, and Lessee will execute, acknowledge' <br /> and deliver to Lessor any document requested by Lessor . to <br /> evidence the subordination. <br /> Estoppel Certificates . Within 10 days after written <br /> request from Lessor , Lessee will execute, acknowledge and <br /> deliver to Lessor a document furnished by Lessor, which document <br /> may be relied upon by Lessor and any prospective purchaser <br /> or mortgagee of the Building, stating (a) that this Lease <br /> is unmodified and is in full force and effect : (or if modified, <br /> that the Lease is in full force and effect as modified and <br /> stating the modifications ) , (b) the dates to which rent and <br /> other charges have been paid, (c ) the current monthly rent , <br /> (d) the dates on which the term begins and ends, . (e) that <br /> Lessee has accepted the premises and is in possession, (f ) <br /> that Lessor is not in default under this Lease, or, if Lessor <br /> is in default, -specifying any s-uch default , and • (g) including <br /> such other information as the prospective purchaser or mortgagee • <br /> may require. <br />
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