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~ ~~ ""....¡Q extension. expansion or renewal period thereof. or within N I A days of the expiration of this Lease, or any extension, expansion or renewal period thereof. purchases the property herein leased, Landlord agrees to pay Broker, in County, Texas, a negotiated fee of $ or % of the sales price upon closing of the sale of this property. 22. NOTICES. Notices to Tenant shall be by certified mail or other delivery to the leased premises. Notices to Landlord shall be by certified mail to the place where rent is payable. 23. DEFAULT BY LANDLORD. In the event of breach by Landlord of any covenant, warranty, term or obligation of this lease. then Landlord's failure to cure same or commence a good faith effort to cure same within 10 days after written notice thereof by Tenant shall be considered a default and shall entitle Tenant either to terminate this lease or cure the default and make the necessary repairs and any expense incurred by Tenant shall be reimbursed by the Landlord after reasonable notice of the repairs and expenses incurred. If any utility services furnished by Landlord are interrupted and continue to be interrupted despite the good faith efforts of Landlord to remedy same, Landlord shall not be liable in any respect for damages to the person or property of Tenant or Tenant's employees, agents, or guests, and same shall not be construed as grounds for constructive eviction or abatement of rent. Landlord shall use reasonable diligence to repair and remedy such interruption promptly. L SIGNS. During the last N/A days of this lease. a "For Sale" sign and/or a "For Lease" sign may be displayed on the leased premises and the leased premises may be shown at reasonable times to prospective purchasers or tenants. 25. RIGHT OF ENTRY. Landlord shall have the right during normal business hours to enter the demised premises; a) to inspect the general condition and state of repair thereof. b) to make repairs required or permitted under this lease, or c) for any other reasonable purpose. 26. WAIVER OF BREACH. The waiver by Landlord of any breach of any provision of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this lease. 27. TIME OF ESSENCE. Time is expressly declared to be of the essence in this [ease. 28. BINDING OF HEIRS AND ASSIGNS. Subject to the provisions of this lease pertaining to assignment of the Tenant's interest. all provisions of this lease shall extend to and bind. or inure to the benefit not only of the parties to this lease but to each and every one of the heirs. executors. representatives. successors, and assigns of Landlord or Tenant. 29. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies by this lease agreement are cumulative and the use of anyone right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law. statute. orq¡nance, or otherwise. 30. TEXAS LAW TO APPLY. This agreement shall be construed under and in accordance with the laws of the State of Texas. 31. LEGAL CONSTRUCTION. In case anyone or more of the provisions contained in this agreement shall for any reason be held to be invalid. illegal. or unenforceable in any respect. such invalidity. illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal. or unenforceable provision had never been contained herein. 32. PRIOR AGREEMENTS SUPERCEDED. This agreement constitutes the sole and only agreement of the parties to this lease and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this lease. ~1. AMENDMENT. No amendment. modification. or alteration of the terms hereof shall be binding unless it is in writing, dated subsequent to the date hereof. and duly executed by the parties. ¡, A TTORNEY'S FEES. Any signatory to this lease agreement who is the prevailing party in any I:::ga! proceedi;1g against any other signatory brought under or with relation to this lease agreement or this transaction shall be additionally entitled to recover court costs. reasonable attorney fees. and all other out-of-pocket costs of litigation. including deposition, travel and witness costs. from the nonprevailing party. 35. SPECIAL PROVISIONS. (This section to include additional factual data not included above.) SEE ATTACHMENT ONE FOR ESCALATION CLAUSE FOR CPI ADJUSTMENTS TO THE RENT. ED HAMILTON, THE LEASING AGENT IS A TEXAS LICENSED REAL ESTATE BROKER. See Attachment one for "Funding Out Clause" EXECUTED this 15th day of December, 19 92 TENANT or TENANTS LANDLORD City of San Marcos ONE SCHREINER CENTER LEASING INC. rX / //bF BY: J~ ~ Larry D) Gille~, City Manager EDWARD W. HAMIL~UN, v~ l'"""L--/~)'\2- : REAL ESTATE BROKER REAL ESTATE BROKER NONE LICENSE NO. LICENSE NO. By: By: [Note: This form has been prepared by Babb &. Hanna. P.c.. attorneys for the Texas Association of REALTORS (TAR). Babb &. Hanna. P.C. has approved this form for use by TAR member brokers and salespersons for the purpose of leasing improved commercial real property for business purposes. This form has not been dnf\ed for a specific transaction. therefore. the parties are advised to consult an attorney of their choice before signing.) (TAR-006) I¡8S Page J of J Pages ---