Res 2007-159 - Laserfiche WebLink

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Demised Premises and reserved unto Landlord, however, the air space over and above the Demised Premises and the Shopping Center and the subsurface below the Demised Premises and the Shopping Center. ~an?lord furth~r reserves the use of the exterior walls and roof ofthe Demised Premises and the, right to install, mamtam, use, repau and replace pipes, ducts, conduits and wires leading through the Demised Premises and serving other parts of the Shopping Center in locations which will not materially interfere with Tenant's use thereof. ARTICLE III. Section 3.1. Construction and Acceptance of Demised Premises. The Demised Premises has been or shall be constructed in accordance with the provisions of Exhibit "C" attached hereto. By occupying the Demised Premises, Tenant shall be deemed to have accepted the same and to have acknowledged that the Demised Premises fully comply with Landlord's covenants and obligations hereunder. Tenant will complete the work to be performed by it and open for business in the Demised Premises within thirty (30) days after Landlord tenders possession ofthe Demised Premises to Tenant. Occupancy of the Demised Premises by Tenant prior to the Commencement Date shall be subject to all of the terms and provisions of this Lease, except only those requiring the payment ofrent. Section 3.2. Failure to Deliver Possession. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, (a) this Lease will not be void or voidable, (b) Landlord will not be liable to Tenant for any resultant loss or damage, and (c) unless Landlord is unable to deliver possession of the Premises to Tenant on the Commencement Date because of Tenant's delays, rent will be waived for the period between the Commencement Date and the date on which Landlord delivers possession of the Premises to Tenant. ARTICLE IV. Section 4.1. Payment of Rental. Rental shall accrue hereunder from the Commencement Date, and shall be payable to Landlord without deduction, setoff, prior notice or demand at the address to which notices to Landlord are given. Section 4.2. Minimum Guaranteed Rental. Tenant shall pay to Landlord minimum guaranteed rental in monthly installments, in advance, in the amounts specified in Section 1.1(j) & (1) above. The first such monthly installment shall be due and payable on or before the Commencement Date and subsequent installments shall be due and payable on or before the first day of each succeeding calendar month during the term ofthis Lease; provided that ifthe Commencement Date is a date other than the first day of a calendar month, there shall be due and payable on or before such date as minimum guaranteed rental for the balance of such calendar month a sum equal to that proportion of the rent specified for the first full calendar month as herein provided, which the number of days from the Commencement Date to the end ofthe calendar month during which the Commencement Date shall fall bears to the total number of days in such month. ARTICLE V. Section 5.1. Common Area. The term "Common Area" is defined for all purposes ofthis Lease as that part ofthe Shopping Center intended for the common use of all Tenants, including among other facilities (as such may be applicable to the Shopping Center) parking area, private streets and alleys, landscaping, curbs, loading area, sidewalks, malls and promenades (enclosed or otherwise), lighting facilities, drinking fountains, meeting rooms, public toilets, and the like but excluding space in buildings (now or hereafter existing) designed for rental for commercial purposes, as the same may exist from time to time, and further excluding streets and alleys maintained INITIALS~ 8