Res 1997-185 - Laserfiche WebLink

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landlord in the Demised Premises; and landlord shall not be personally liable for any deficiency, except that landlord shall, subject to the provisions of Section 18.6 hereof, remain personally liable to account to Tenant for any security deposited hereunder. This clause shall not be deemed to limit or deny any remedies which Tenant may have in the event of default by landlord hereunder, which do not involve the personal liability of landlord. 26.4 Except as may be otherwise herein provided, In all circumstances under this lease where prior consent or permission of one party ("first party"), whether it be landlord or Tenant, Is required before the other party ("second party") Is authorized to take any particular type of action, the matter of whether to grant such consent or permission shall be within the sole and exclusive judgment and discretion of the first party, and it shall not constitute any nature of breach by the first party hereunder or any defense to the peñormance of any covenant, duty or obligation of the second party hereunder that the first party delayed or withheld the granting of such consent or permission, whether or not the delay or withholding of such consent or permission was, In the opinion of the second party, prudent or reasonable based on good cause. 26.5 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 waiver or render unnecessary consent to or approval of any subsequent similar act. 26.6 Whenever a period of time 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. 26.7 Tenant agrees that it will from time to time upon request by landlord execute and deliver to landlord a statement in recordable form certifying that this lease is unmodified and In full force and effect (or if there have been modifications, that the same is in full force and effect as so modified) and such other matters as may be requested by landlord for an estoppel letter. The failure of Tenant to execute and deliver to landlord a statement in accordance with the provision hereof shall constitute an acknowledgment by Tenant which may be relied upon by any mortgagee that this lease is unmodified and in full force and effect, that the rent has been duly and fully paid to and including the respective due dates immediately preceding the date of such notice, and that landlord is not in default. Failure by Tenant to deliver timely the estoppel letter shall constitute, as to any person entitled to rely upon such statement, a waiver of any defaults which may exist prior to the date of such notice. . . . . this lease includes a breakpoint of gross sales (e.g., "5% of gros s over $100,000"), then: (a) subsection (ii) in the first sentence of S . ~.3 of this lease shall be deemed to have been deleted and shall 0 ormula references in Article IV adjusted accordingly; (b) the break all be divided by twelve for purposes of computing monthly perc rental installments in the second sentence of Section 4.3; and ring all periods when minimum guaranteed rentals are reduced. ., pursuant to Section 15.2, the breakpoint shall be reduced . 26.9 If this lease is in fact a sublease, Tenant accepts this lease subject to all of the terms and conditions of the underlying lease under which landlord holds the Shopping Center as lessee, Tenant covenants that it will do no act or thing which would constitute a violation by landlord of his obligation under such underlying lease; provided, however, that Tenant's agreement in this regard is premised on landlord's assurances to the effect that the terms of this lease do not violate such underlying lease. 26.10 The laws of the State in which the Demised Premises are located shall govern the interpretation, validity, peñormance and enforcement of this lease. If any provision of this lease should be held to be invalid or unenforceable, the validity and INITIAL I Insignia Retail Group, Inc. .'1:. 20 ~