JOINT AND SEVERAL OBLIGATIONS.
IF THERE IS MORE THAN ONE TENANT, THE
OBLIGATIONS IMPOSED UPON TENANT UNDER THIS LEASE ARE JOINT AND SEVERAL.
29.18
AUTHORITY.
LANDLORD AND TENANT EACH REPRESENTS AND WARRANTS THAT IT
IS A DULY FORMED AND EXISTING ENTITY QUALIFIED TO DO BUSINESS IN THE STATE OF
TEXAS, IT HAS FULL RIGHT AND AUTHORITY TO EXECUTE AND DELIVER THIS LEASE, AND
THAT EACH PERSON SIGNING ON ITS BEHALF IS AUTHORIZED TO DO SO.
29.19
ATTORNEYS' FEES.
IF EITHER PARTY COMMENCES LITIGATION AGAINST THE
OTHER FOR THE SPECIFIC PERFORMANCE OF THIS LEASE, FOR DAMAGES FOR THE BREACH OF
ANY OBLIGATION UNDERTAKEN UNDER THE TERMS OF THIS LEASE OR OTHERWISE FOR
ENFORCEMENT OF ANY REMEDY AVAILABLE TO THAT PARTY, THE PARTIES WAIVE ANY RIGHT
TO A TRIAL BY JURY AND THE PREVAILING PARTY IN THAT LITIGATION IS ENTITLED TO
RECOVER FROM THE OTHER PARTY THE REASONABLE ATTORNEYS' FEES AND OTHER COSTS IT
INCURS IN CONNECTION WITH THAT LITIGATION, INCLUDING ALL COSTS INCURRED IN
ENFORCING, PERFECTING AND EXECUTING ITS JUDGMENT.
29.20
GOVERNING LAW.
THE LAWS OF THE STATE OF TEXAS WILL GOVERN THE
CONSTRUCTION, INTERPRETATION AND ENFORCEMENT OF THIS LEASE.
VENUE EXCLUSIVELY
SHALL LIE IN THE FEDERAL AND STATE COURT(S) LOCATED IN (OR HAVING JURISDICTION
WITH RESPECT TO) MONTGOMERY COUNTY, TEXAS HAVING JURISDICTION OVER THE SUBJECT
MATTER OF ANY DISPUTE ARISING UNDER THIS LEASE.
29.21
SUBMISSION OF LEASE; CONSTRUCTION.
SUBMISSION OF THIS INSTRUMENT FOR
TENANT'S EXAMINATION OR SIGNATURE DOES NOT CONSTITUTE A RESERVATION OF OR AN
OPTION FOR LEASE, AND IT IS NOT EFFECTIVE AS A LEASE OR OTHERWISE UNTIL
EXECUTION AND DELIVERY BY BOTH LANDLORD AND TENANT.
THE PARTIES ACKNOWLEDGE
THAT THEIR ATTORNEYS HAVE REVIEWED AND REVISED THIS LEASE AND THAT THE NORMAL
RULE OF CONSTRUCTION TO THE EFFECT THAT ANY AMBIGUITIES ARE TO BE RESOLVED
AGAINST THE DRAFTING PARTY WILL NOT BE EMPLOYED IN THE INTERPRETATION OF THIS
LEASE.
29.22
BROKERS.
LANDLORD AND TENANT WARRANT TO EACH OTHER THAT THE PARTIES
HAVE HAD NO DEALINGS WITH ANY REAL ESTATE BROKER OR AGENT OTHER THAN CBRE, INC.
IN CONNECTION WITH THE NEGOTIATION OF THIS LEASE AND THEY INDIVIDUALLY ARE
UNAWARE OF ANY OTHER REAL ESTATE BROKER OR AGENT WHO IS ENTITLED TO A COMMISSION
IN CONNECTION WITH THIS LEASE. LANDLORD AND TENANT EACH HEREBY AGREES TO
INDEMNIFY AND DEFEND THE OTHER AGAINST AND HOLD THE OTHER HARMLESS FROM ANY
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and all claims, demands, losses, liability, lawsuits, judgments, costs and
expenses (including, without limitation, reasonable attorneys' fees) that may be
asserted against or sustained by the other by reason of, or in connection with,
any leasing commission or equivalent compensation alleged or found to be owing
to any such other real estate broker or agent as a result of its dealings with
any such other real estate broker or agent.
Any fee or commission payable to
CBRE, Inc. in connection with this Lease shall be payable by Tenant pursuant to
a separate agreement between CBRE, Inc. and Tenant executed in connection with
the sale of the Premises by Tenant