Res 1997-185 - Laserfiche WebLink

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1.2 Each of the foregoing definitions and basic provisions shall be construed in conjunction with and limited by the references thereto in the other provisions of this lease. ARTICLE II. PREMISES 2.1 In consideration of the obligation of Tenant to pay rent as herein provided and In consideration of the other terms, covenants, and conditions hereof, landlord hereby demises and leases to Tenant, and Tenant hereby takes from landlord, the Demised Premises as described in Section 1.1 (h), TO HAVE AND TO HOLD said premises for the lease term specified in Section 1.1 (I), all upon the terms and conditions set forth in this lease. landlord further agrees that if Tenant shall perform all of the covenants and agreements herein required to be performed by Tenant, Tenant shall, subject to the terms of this lease, at all times during the continuance of this lease have, peaceful and quiet possession of the Demised Premises.. (See NOTE at bottom of page) landlord reserves the right to place In, under, over or through the Demised Premises pipes, wires, lines and facilities serving other areas or tenants of the Shopping Center provided such right is exercised In a manner which does not unreasonably interfere with Tenant's conduct of its business. Except to the extent modified by landlord's express assumption of construction obligations, if any, in an exhibit attached to this lease, the Demised Premises are being leased "as is" and "with all faults"; and landlord makes no warranty of any kind, express or implied, with respect to the Demised Premises (without limitation, landlord makes no warranty as to the habitability or fitness of the Demised Premises). ARTICLE III. OCCUPANCY 3.1 By occupying the Demised Premises, Tenant shall be deemed to have accepted the same and to have acknowledged that the same comply fully with landlord's covenants and obligations hereunder. 3.2 If this lease is executed before the Demised Premises become vacant, or if any present tenant or occupant of the premises' holds over, and landlord cannot acquire possession of the Demised Premises prior to the Commencement Date of this lease, as above defined, landlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession of the Demised Premises at such time as landlord is able to tender the same. landlord hereby waives the payment of rent covering any period prior to tender of possession to Tenant hereunder. ARTICLE IV. RENTAL 4.1 Rental shall accrue hereunder from the Commencement Date, and shall be payable to landlord at the address specified in Section 1.1 (b) above or at such other address after notification by landlord to Tenant In writing. 4.2 Tenant shall pay to landlord the minimum guaranteed rental in monthly installments in the amounts specified in Section 1.1 (j) above, as may be adjusted as hereinafter stated. 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 hereby demised term; provided that if the Commencement Date is a date other than the first day of a calendar month, there shall be due and payable on or before the first day of such calendar month 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 of the calendar month during which the Commencement Date shall fall bears to the total number of days in such month. * NOTE: If this lease provides for construction prior to occupancy. refer to the appropriate exhibits attached hereto. In such case Article II above shall be deemed modified to the extent inconsistent with such exhibits. INITIAL 16 Insignia J(elaJi (]rollp. Inc. ~ 2