29.7
LANDLORD'S TITLE.
LANDLORD'S TITLE IS AND ALWAYS SHALL BE PARAMOUNT
TO THE TITLE OF TENANT.
NOTHING HEREIN CONTAINED SHALL EMPOWER TENANT TO DO ANY
ACT WHICH CAN, SHALL OR MAY ENCUMBER THE TITLE OF LANDLORD.
29.8
RELATIONSHIP OF PARTIES.
NOTHING CONTAINED IN THIS LEASE SHALL BE
DEEMED OR CONSTRUED BY THE PARTIES HERETO OR BY ANY THIRD PARTY TO CREATE THE
RELATIONSHIP OF PRINCIPAL AND AGENT, PARTNERSHIP, JOINT VENTURER OR ANY
ASSOCIATION BETWEEN LANDLORD AND TENANT.
29.9
APPLICATION OF PAYMENTS.
LANDLORD SHALL HAVE THE RIGHT TO APPLY
PAYMENTS RECEIVED FROM TENANT PURSUANT TO THIS LEASE, REGARDLESS OF TENANT'S
DESIGNATION OF SUCH PAYMENTS, TO SATISFY ANY OBLIGATIONS OF TENANT HEREUNDER, IN
SUCH ORDER AND AMOUNTS AS LANDLORD, IN ITS SOLE DISCRETION, MAY ELECT; PROVIDED,
HOWEVER, IN NO EVENT SHALL LANDLORD APPLY ANY PAYMENTS OR AMOUNTS RECEIVED FROM
TENANT AGAINST ANY CHARGES OR OBLIGATIONS OF TENANT THAT ARE THEN THE SUBJECT OF
A GOOD FAITH DISPUTE BETWEEN LANDLORD AND TENANT.
29.10
TIME OF ESSENCE.
TIME IS OF THE ESSENCE WITH RESPECT TO THE
PERFORMANCE OF EVERY PROVISION OF THIS LEASE IN WHICH TIME OF PERFORMANCE IS A
FACTOR.
29.11
PARTIAL INVALIDITY.
IF ANY TERM, PROVISION OR CONDITION CONTAINED IN
THIS LEASE SHALL, TO ANY EXTENT, BE INVALID OR UNENFORCEABLE, THE REMAINDER OF
THIS LEASE, OR THE APPLICATION OF SUCH TERM, PROVISION OR CONDITION TO PERSONS
OR CIRCUMSTANCES OTHER THAN THOSE WITH RESPECT TO
45
WHICH IT IS INVALID OR UNENFORCEABLE, SHALL NOT BE AFFECTED THEREBY, AND EACH
AND EVERY OTHER TERM, PROVISION AND CONDITION OF THIS LEASE SHALL BE VALID AND
ENFORCEABLE TO THE FULLEST EXTENT POSSIBLE PERMITTED BY LAW.
29.12
NO WARRANTY.
IN EXECUTING AND DELIVERING THIS LEASE, TENANT HAS NOT
RELIED ON ANY REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION
AS TO THE AMOUNT OF ANY ITEM COMPRISING ADDITIONAL RENT OR THE AMOUNT OF THE
ADDITIONAL RENT IN THE AGGREGATE OR THAT LANDLORD IS FURNISHING THE SAME
SERVICES TO OTHER TENANTS, AT ALL, ON THE SAME LEVEL OR ON THE SAME BASIS, OR
ANY WARRANTY OR ANY STATEMENT OF LANDLORD WHICH IS NOT SET FORTH HEREIN OR IN
ONE OR MORE OF THE EXHIBITS ATTACHED HERETO.
TENANT AGREES THAT NEITHER
LANDLORD NOR ANY AGENT OF LANDLORD HAS MADE ANY REPRESENTATION OR WARRANTY AS TO
THE SUITABILITY OF THE PREMISES FOR THE CONDUCT OF TENANT'S BUSINESS, THAT ANY
SPECIFIC TENANT OR NUMBER OF TENANTS SHALL OCCUPY ANY SPACE IN THE PROJECT, NOR
HAS LANDLORD AGREED TO UNDERTAKE ANY MODIFICATION, ALTERATION OR IMPROVEMENT TO
THE PREMISES EXCEPT AS PROVIDED IN THIS LEASE.
TENANT FURTHER AGREES THAT
NEITHER LANDLORD NOR ANY AGENT OF LANDLORD HAS MADE ANY REPRESENTATION OR
WARRANTY WITH RESPECT TO THE PHYSICAL CONDITION OF THE BUILDING, THE PROJECT,
THE LAND UPON WHICH THE BUILDING OR THE PROJECT ARE LOCATED, OR THE PREMISES, OR
THE EXPENSES OF OPERATION OF THE PREMISES, THE BUILDING OR THE PROJECT, OR ANY
OTHER MATTER OR THING AFFECTING OR RELATED TO THE PREMISES, EXCEPT AS HEREIN
EXPRESSLY SET FORTH IN THE PROVISIONS OF