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Res 2010-062
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Res 2010-062
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5/28/2010 4:29:00 PM
Creation date
4/27/2010 9:16:49 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
2010-62
Date
4/20/2010
Volume Book
185
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listed in Paragraph 37.1. However, if Lessee moves out, it shall be Lessee's last address known by <br />Lessor. <br />Hand delivered notice is required only when expressly required in this Lease. Notice <br />shall be deemed to have been given upon actual delivery or upon the third day after mailing from <br />any location within the State of Texas, whichever is sooner. Notice by non - certified mail shall be <br />sufficient if it is actually received by the addressee or an employee of addressee. Notice to any one <br />of multiple Lessees shall be considered notice to all. Notice from one of multiple Lessees to Lessor <br />shall be considered notice from all Lessees. The term "notice" as used above shall be inclusive of <br />notices, billings, requests, and demands. <br />29.1. Estoppel Certificate. Lessee shall, upon 10 days prior written notice from Lessor, <br />execute, acknowledge, and deliver to Lessor, a statement in writing which (a) specifies any <br />subsequent modifications or amendments to this Lease and describing any subleases of Lessee's <br />office space or portions thereof, (b) certifies that this Lease is otherwise unmodified and in full force <br />and effect, (c) states that the amounts of any prepaid rents or other charges, and the purposes and <br />time periods therefor, (d) states the amount of security deposits, if any (e) acknowledges that there <br />are not, to Lessee's knowledge, any uncured defaults on the part of the Lessor, or specifies such <br />defaults if any are claimed. Any such statement may be conclusively relied upon by Lessor and by <br />any prospective purchaser or lienholder of the Leased Premises. If Lessee fails to comply with the <br />foregoing by the end of such 10 -day period, it shall be conclusively presumed that (i) this Lease is <br />unmodified and in full force and effect without any subleases, (2) that no rent, security deposit, or <br />other charges have been prepaid, and (3) that there are no uncured defaults by Lessor; and Lessor <br />and any prospective purchaser or lienholder may conclusively rely on such silence or non- <br />compliance by Lessor. <br />30.1. Leasing Agent(s). Lessee warrants that there are no real estate agents or other persons or <br />entities entitled to commission or other remuneration as a result of this Lease and agrees to <br />indemnify and hold Lessor harmless from claims of any other person or entity not a signatory to this <br />agreement arising out of same. <br />31.1. Binding on Successors. Unless otherwise expressly stated herein, this Lease shall inure <br />to the benefit of the parties to this Lease and their respective successors and assigns. <br />32.2. Warranties. Lessor's duties are limited to those expressly stated in this Lease and <br />shall not include any implied duties or implied warranties, now or in the future. <br />33.1. Place of Performance. All obligations under this Lease shall be performed in the county <br />where the Development is located. <br />34.1. Miscellaneous. This instrument, including all exhibits, constitutes the entire agreement <br />between Lessor and Lessee. No other written or oral promises or representations have been made, <br />and none shall be binding. This Lease supersedes and replaces any previous lease between the <br />parties on Lessee's office space, including any renewals and /or extensions thereunder. Except for <br />reasonable changes in written rules and regulations, this Lease shall not be amended or changed <br />except by written instrument, signed by both Lessor and Lessee. Lessor's agents do not and will not <br />have authority to make changes or amendments to this Lease unless such are in writing. Paragraph <br />captions are for convenience only, and such captions neither limit nor amplify the provisions of this <br />Lease. This L shall be construed in accordance with the laws of the State of Texas. If any <br />Lesson ' 14 Lessee: <br />W.I.C. Lease <br />
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