THAT ALL PARTIES HERETO HAVE PARTICIPATED IN THE PREPARATION OF THIS
LEASE, AND THAT EACH PARTY HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL
BEFORE THE EXECUTION OF THIS LEASE.
30.10
THE SUBMISSION OF AN UNSIGNED COPY OF THIS DOCUMENT TO TENANT SHALL
NOT CONSTITUTE AN OFFER OR OPTION TO LEASE THE PREMISES.
THIS LEASE SHALL
BECOME EFFECTIVE AND BINDING ONLY UPON EXECUTION AND DELIVERY BY BOTH LANDLORD
AND TENANT.
30.11
TIME IS OF THE ESSENCE WITH RESPECT TO EACH OF TENANT'S AND
LANDLORD'S OBLIGATIONS HEREUNDER.
30.12
THIS LEASE MAY BE EXECUTED IN MULTIPLE COUNTERPARTS, EACH OF WHICH
SHALL BE DEEMED AN ORIGINAL AND ALL OF WHICH TOGETHER CONSTITUTE ONE AND THE
SAME DOCUMENT. FAXED SIGNATURES SHALL HAVE THE SAME BINDING EFFECT AS ORIGINAL
SIGNATURES.
30.13
NEITHER THIS LEASE NOR ANY MEMORANDUM THEREOF SHALL BE RECORDED.
F-59
30.14
ANY ELIMINATION OR SHUTTING OFF OF LIGHT, AIR, OR VIEW BY ANY
STRUCTURE WHICH MAY BE ERECTED ON LANDS ADJACENT TO THE BUILDING SHALL IN NO WAY
AFFECT THIS LEASE OR IMPOSE ANY LIABILITY ON LANDLORD.
30.15
TENANT'S LIABILITIES AND OBLIGATIONS UNDER THIS LEASE SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THE TERM. NOTHING IN THE FOREGOING
SENTENCE, HOWEVER, SHALL BE CONSTRUED AS A LIMITATION OF TENANT'S OBLIGATIONS
UNDER SECTION 19.2 ABOVE.
IF MORE THAN ONE NATURAL PERSON OR ENTITY SHALL
CONSTITUTE TENANT, THEN THE LIABILITY OF EACH SUCH PERSON OR ENTITY SHALL BE
JOINT AND SEVERAL. NO WAIVER, RELEASE OR MODIFICATION OF THE OBLIGATIONS OF ANY
SUCH PERSON OR ENTITY SHALL AFFECT THE OBLIGATIONS OF ANY OTHER SUCH PERSON OR
ENTITY.
30.16
IF EITHER LANDLORD OR TENANT IS IN ANY WAY DELAYED OR PREVENTED FROM
PERFORMING ANY OBLIGATION DUE TO FIRE, ACT OF GOD, GOVERNMENTAL ACT OR FAILURE
TO ACT, STRIKE, LABOR DISPUTE, INABILITY TO PROCURE MATERIALS, OR ANY CAUSE
BEYOND LANDLORD'S OR TENANT'S REASONABLE CONTROL (WHETHER SIMILAR OR DISSIMILAR
TO THE FOREGOING EVENTS), THEN THE TIME FOR PERFORMANCE OF SUCH OBLIGATION SHALL
BE EXCUSED FOR THE PERIOD OF SUCH DELAY OR PREVENTION AND EXTENDED FOR A PERIOD
EQUAL TO THE PERIOD OF SUCH DELAY, INTERRUPTION OR PREVENTION.
THE PROVISIONS
OF THIS SECTION 30.16 SHALL NOT EXCUSE TENANT FROM THE PROMPT PAYMENT OF RENT
AND ALL OTHER SUMS DUE FROM TENANT UNDER THIS LEASE, AND TENANT'S DELAY OR
FAILURE TO PERFORM RESULTING FROM LACK OF FUNDS SHALL NOT BE DEEMED DELAYS
BEYOND TENANT'S REASONABLE CONTROL.
30.17
LANDLORD'S REVIEW, APPROVAL AND CONSENT POWERS (INCLUDING THE RIGHT
TO REVIEW PLANS AND SPECIFICATIONS) ARE FOR ITS BENEFIT ONLY.
SUCH REVIEW,
APPROVAL OR CONSENT (OR CONDITIONS IMPOSED IN CONNECTION THEREWITH) SHALL BE
DEEMED NOT TO CONSTITUTE A REPRESENTATION CONCERNING LEGALITY, SAFETY OR ANY
OTHER MATTER.
30.18
THE DELETION OF ANY PRINTED, TYPED OR OTHER PORTION OF THIS LEASE
SHALL NOT EVIDENCE THE PARTIES' INTENTION TO CONTRADICT SUCH DELETED PORTION,
AND SUCH DELETED PORTION SHALL BE DEEMED NOT TO HAVE BEEN INSERTED IN THIS
LEASE.
30.19
(A) TENANT AND THE PERSON(S) EXECUTING AND DELIVERING THIS LEASE ON
TENANT'S BEHALF EACH REPRESENT AND WARRANT THAT