COMPLIANCE INFO_2021 - Laserfiche WebLink

Home Browse Search

agreements, conditions or understandings heretofore made, either oral or written, between them other than as herein set forth. No modification, amendment, change or addition to this Lease shall be binding upon Landlord or Tenants unless reduced to writing and signed by each party. The captions, section numbers, and index appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections or articles nor in any way affect this Lease. Nothing contained in this Lease shall be construed to create the relationship of principal and agent, partnership,joint venture or any other relationship between the parties hereto other than the relationship of landlord and Tenants. Except as explicitly set forth in this Lease, there shall be no third party beneficiaries of this Lease or any of the agreements contained herein. The failure of Landlord or Tenants to insist upon strict performance of any of the terms and conditions hereof shall not be deemed a waiver of any rights or remedies that party or any other such party may have, and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants or conditions. ARTICLE 34 QUIET ENJOYMENT SUBJECT TO DILIGENCE MATTERS From and after the Commencement Date until the expiration or termination of the Lease Term, and provided no Event of Default has occurred, Tenants shall have quiet enjoyment of the Demised Property. ARTICLE 35 NO MERGER OF TITLE There shall be no merger of this Lease with any of the leasehold estates created hereunder or with any fee estate or other leasehold interest in the Demised Property, whether by reason of the fact that the same Person may acquire, hold or own, directly or indirectly more than one or all of such legal interests in the Demised Property, unless and until: (a) under applicable Law such estates may be merged, and (b) all Persons having any leasehold interest or fee estate in the Demised Property, or any part thereof sought to be merged, shall enter into a written agreement effecting such a merger under applicable Law and shall duly record same; provided, however, no such merger shall occur unless in each instance Landlord and any Landlord's Lender shall be a party to such agreement. ARTICLE 36 BROKERS Landlord and Tenants each (a) represents to the other party that such representing party has dealt with no broker or brokers in connection with the negotiation, execution and delivery of this Lease and (b) agrees to indemnify, defend, protect (with counsel selected by the indemnified party, subject to the approval of the indemnifying party (unless the indemnifying party is the Tenants and an Event of Default has occurred)) and hold such other party free and harmless of, from and against any and all Losses arising from (including all brokerage commissions and/or finder's fees due or alleged to be due as a result of) any agreement or purported agreement made by such indemnifying party. ARTICLE 37 OPTION TO PURCHASE 35