Res 1999-203 - Laserfiche WebLink

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Lessor 33. Waiver of Subrogation. Lessor and Lessee each, as the insured in any insurance policy or policies against loss by fire and extended coverage or by any form of liability, agree to waive and do hereby waive any rights of recovery against the other party for any loss covered by such insurance policies and such insurance policies shall expressly provide that the insurance company or companies writing said insurance waive any right to an assignment of or subrogation to such rights of its insured for recovery of damages for any losses covered by said insurance policies, that the waiver by the insured of its rights of recovery against the other party shall not invalidate said insurance, and that such waiver by the insured shall prevent such insurance company or companies from pursuing any rights, by assignment or subrogation or otherwise, which such insurance company or companies have or might have against the other party for damage to the Premises or any improvements thereon or any property covered by such insurance policies. 34. Name Change. Lessee gives its approval to the change of the name of the Shopping Center in which the Premises are located in the event the Lessor chooses to change such name. 35. Attorney's Fees. In the event that either Lessor or Lessee institutes any action or proceeding to enforce any rights or obligations arising hereunder or to construe any provision contained herein, then the non-prevailing party in such action shall pay to the prevailing party all reasonable costs incurred by the prevailing party in such action, including reasonable attorney's fees and court costs. 36. Broker. It is agreed by both parties to this agreement that The Bonner Group, Inc. shall be paid a brokerage commission by San Marcos Center in the amount of 4 percent of the total base rental amount under the terms of the lease. One half of the commission will be due and payable upon the lease execution by both parties and the remaining one half will become due and payable upon occupancy or lease commencement whichever occurs first. 37. Place of Performance. All obligations of Lessor and Lessee under the terms of this Lease shall be payable and perform-able in Hays County, Texas and venue shall lie therein. 38. Law Governance. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this 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. 39. Lessor's Liability. Notwithstanding anything contained herein to the contrary, Lessee agrees that Lessor shall have no personal liability with respect to any of the provisions of this Lease and Lessee shall look solely to the estate and property of Lessor in the land and buildings comprising the Shopping Center of which the Premises form a part for the satisfaction of Lessee's remedies including without limitation the collection of any judgment or the enforcement of any other judicial process requiring the payment or expenditure of money by Lessor in the event of any default or breach by Lessor with respect to any of the terms and provisions of the Lease to be observed and/or performed by Lessor, subject, however, to the prior rights of any holder of any mortgage covering all or part of the Shopping Center and no other assets of Lessor or any principal, officer or partner of Lessor shall be subject to levy or execution. This provision shall inure to the benefit of Lessor's successors and assigns and their respective principals. 40. Entire Agreement. This Lease (including all Riders, Exhibits, Addenda and Guaranty, if any) contains the entire agreement between the parties. 17 Lessee J.f., Lessor tLtJ