Res 1999-203 - Laserfiche WebLink

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No prior written or prior or contemporaneous oral promises or representations shall be binding. This Lease shall not be amended, changed or extended except by written instrument signed by all parties hereto. 41. Confidentiality. The terms, covenants, and conditions of this Lease are confidential business matters of the Lessor and Lessee. The Landlord acknowledges that the Lessee is a public entity and as such will be required, in some circumstances, to disclose the terms and conditions as it is required to do so in the normal course of conducting public business. Lessee shall limit its disclosure of these terms to those requirements made of it as a public entity and refrain from discussing the terms with other Lessees of the Shopping Center outside of those requirements. 42. Terminology. With respect to terminology in this Lease, each number (singular or plural) shall include all numbers, and each gender (male, female or neuter) shall include all genders. If any provision of this Lease shall ever be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions of the Lease, but such other provisions shall continue in full force and effect. The titles of the paragraphs in this Lease shall have no effect and shall neither limit nor amplify the provisions of the Lease itself. 43. Time of Essence. In all instances where Lessee is required hereunder to pay any sum or do any act at a particular indicated time or within an indicated period, it is understood that time is of the essence. 44. Independent Covenants. The obligation of Lessee to pay all rent and other sums hereunder provided to be paid by Lessee and the obligation of Lessee to perform Lessee's other covenants and duties hereunder constitute independent, unconditional obligations to be performed at all times provided for hereunder. Lessee waives and relinquishes all rights which Lessee might have to claim any nature of lien against or withhold, or deduct from or offset against any Rent and other sums provided hereunder to be paid Lessor by Lessee. 45. Acceptance of Premises. Lessee has inspected the Premises and accepts them in their existing condition, on an "As-Is" basis, subject to performance by Lessor of its obligations under the Construction Rider, Exhibit D, attached hereto. Lessee hereby waives and relinquishes any right to assert, as either a claim or a defense, that Lessor is bound to perform or is liable for the nonperformance of any implied covenant or implied duty of Lessor not expressly set forth herein. Lessee waives any implied warranty of Lessor that the Premises are suitable for their intended commercial purpose. Lessee agrees to perform all of its Lease obligations (including, without limitation, the obligation to pay Rent), notwithstanding an alleged breach by Landlord of any such implied warranty. Lessee agrees that Lessor shall incur no liability to Lessee by reason of any defect in the Premises, whether apparent or latent. 46. Joint and Several Liability. If this Lease is executed by more than one person or entity as "Lessee", each such person or entity shall be jointly and severally liable hereunder. It is expressly understood that anyone of the parties who have executed this Lease as "Lessee" (herein individually referred to as Signatory") shall be empowered to execute any modification, amendment, exhibit, floor plan, or other document ("Future Instrument") and bind each of the Signatories who has executed this Lease, regardless of whether each Signatory, in fact, executes such Future Instrument. 47. ADA. As utilized by Lessee, the Premises mayor may not be subject to the requirements of the Americans With Disabilities Act (ADA) which, in certain situations, requires the removal of physical barriers to employees and/or members of the general public who are disabled. It is understood and agreed that the Lessee shall bear full responsibility for ADA compliance within the entire Premises, including, but not limited to, all entrances to the Premises. Lessor shall be responsible for ADA compliance as the act may pertain to Common Areas of the Shopping Center. 18 Lessee k Lessor Ut-J