Res 2007-159 - Laserfiche WebLink

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ARTICLE XXIIII. Section 23.1. Negation of Partnership. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither the method of computation of rent, nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. Section 23.2. Actions for Nonpayment of Rent and Other Charges. Tenant shall not for any reason withhold or reduce Tenant's required payments of rentals and other charges provided in this Lease, it being agreed that the obligations of Landlord hereunder are independent of Tenant's obligations except as may be otherwise expressly provided. Section 23.4. Non-Waiver. One or more waivers of any covenant, term or condition of this Lease by either party shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party to or of any act by the other party requiring such consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. Section 23.5. Force Majeure. Whenever a period oftime is herein prescribed for action to be taken by Landlord, Landlord shall not be liable or responsible for, and there shall be excluded from the computation of any such period of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations or restrictions or any other causes of any kind whatsoever which are beyond the reasonable control of Landlord. Section 23.6. Short Form Lease. The parties agree not to place this Lease of record, but each party shall, at the request of the other, execute and acknowledge so that the same may be recorded a short form lease or memorandum of lease, stating that Tenant has accepted possession of the Demised Premises, indicating the lease term and any options to extend such term, but omitting rent and other terms, and an agreement specifying the date of commencement and termination ofthe lease term; provided, however, that the failure to record said short form lease, memorandum oflease or agreement shall not affect or impair the validity and effectiveness ofthis Lease. The party requesting such recording shall pay all costs, taxes, fees and other expenses in connection with or prerequisite to recording. Section 23.7. Governing Law; Provisions Severable. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement ofthis Lease. If any provision of this Lease should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Lease shall not be affected thereby. Venue for any action under this Lease shall be the county in which rentals are due pursuant to Section 4.1 and Section 1.1 ofthis Lease. Section 23.8. Waiver of Jury Trial. LANDLORD AND TENANT WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THEM AGAINST THE OTHER ON ALL MATTERS ARISING OUT OF THIS LEASE OR THE USE AND OCCUPANCY OF THE PREMISES (EXCEPT CLAIMS FOR PERSONAL INJURY). Section 23.9. Captions. The captions used herein are for convenience only and do not limit or amplify the provisions hereof. INITIAL~