REMAINING COVENANTS, CONDITIONS, PROVISIONS, TERMS AND
AGREEMENTS OF THIS LEASE SHALL NOT BE AFFECTED THEREBY, BUT EACH COVENANT,
CONDITION, PROVISIONS, TERM OR AGREEMENT OF THIS LEASE SHALL BE VALID AND IN
FORCE TO THE FULLEST EXTENT PERMITTED BY LAW.
25.11
SUCCESSORS AND ASSIGNS.
THE COVENANTS AND AGREEMENTS
HEREIN CONTAINED SHALL BIND AND INURE TO THE BENEFIT OF LANDLORD, ITS SUCCESSORS
AND ASSIGNS, AND TENANT AND ITS PERMITTED SUCCESSORS AND ASSIGNS.
25.12
CAPTIONS.
THE CAPTION OF EACH ARTICLE OF THIS LEASE
IS FOR CONVENIENCE AND REFERENCE ONLY, AND IN NO WAY DEFINES, LIMITS OR
DESCRIBES THE SCOPE OR INTENT OF SUCH ARTICLE OR OF THIS LEASE.
25.13
RELATIONSHIP OF PARTIES.
THIS LEASE DOES NOT CREATE
THE RELATIONSHIP OF PRINCIPAL AND AGENT, PARTNERSHIP, JOINT VENTURE,
OR ANY
ASSOCIATION OR RELATIONSHIP BETWEEN LANDLORD AND TENANT, THE SOLE RELATIONSHIP
BETWEEN LANDLORD AND TENANT BEING THAT OF LANDLORD AND TENANT.
25.14
ENTIRE AGREEMENT.
ALL PRELIMINARY AND CONTEMPORANEOUS
NEGOTIATIONS ARE MERGED INTO AND INCORPORATED IN THIS LEASE.
THIS LEASE,
TOGETHER WITH THE EXHIBITS ATTACHED HERETO, CONTAINS THE ENTIRE AGREEMENT
BETWEEN THE PARTIES AND SHALL NOT BE MODIFIED OR AMENDED IN ANY MANNER EXCEPT BY
ANY INSTRUMENT IN WRITING EXECUTED BY THE PARTIES HERETO.
25.15
NO MERGER.
THERE SHALL BE NO MERGER OF THIS LEASE OR
OF THE LEASEHOLD ESTATE CREATED BY THIS LEASE WITH ANY OTHER ESTATE OR INTEREST
IN THE DEMISED PREMISES BY REASON OF THE FACT THAT THE SAME PERSON, FIRM,
CORPORATION OR OTHER ENTITY MAY ACQUIRE, HOLD OR OWN, DIRECTLY OR INDIRECTLY,
(A) THIS LEASE OR THE LEASEHOLD INTEREST CREATED BY THIS LEASE OR ANY INTEREST
THEREIN, AND (B) ANY SUCH OTHER ESTATE OR INTEREST IN THE DEMISED PREMISES, OR
ANY PORTION THEREOF.
NO SUCH MERGER SHALL OCCUR UNLESS AND UNTIL ALL PERSONS,
FIRMS, CORPORATIONS OR OTHER ENTITIES HAVING AN INTEREST (INCLUDING A SECURITY
INTEREST) IN (1) THIS LEASE OR THE LEASEHOLD ESTATE CREATED THEREBY, AND (2) ANY
SUCH OTHER ESTATE OR INTEREST IN THE DEMISED PREMISES, OR ANY PORTION THEREOF,
SHALL JOIN IN A WRITTEN INSTRUMENT EXPRESSLY AFFECTING SUCH MERGER AND SHALL
DULY RECORD THE SAME.
25.16
POSSESSION AND USE.
TENANT ACKNOWLEDGES THAT THE
DEMISED PREMISES ARE THE PROPERTY OF LANDLORD AND THAT TENANT HAS ONLY THE RIGHT
TO POSSESSION AND USE THEREOF UPON THE COVENANTS, CONDITIONS, PROVISIONS, TERMS
AND AGREEMENTS SET FORTH IN THIS LEASE.
25.17
SURRENDER OF DEMISED PREMISES.
SUBJECT TO THE OTHER
PROVISIONS OF THIS LEASE, AT THE EXPIRATION OF THE TERM OF THIS LEASE, TENANT
SHALL SURRENDER THE DEMISED PREMISES IN THE SAME CONDITION AS THEY WERE IN UPON
DELIVERY OF POSSESSION THERETO AT THE COMMENCEMENT DATE OR APPLICABLE DELIVERY
DATE, REASONABLE WEAR AND TEAR, CASUALTY AND CONDEMNATION EXCEPTED, AND SHALL
SURRENDER ALL KEYS TO THE DEMISED PREMISES TO LANDLORD AT THE PLACE THEN FIXED
FOR THE PAYMENT OF BASE RENT, AND SHALL INFORM LANDLORD OF ALL COMBINATIONS ON
LOCKS, SAFES AND VAULTS, IF ANY.
TENANT SHALL AT SUCH TIME REMOVE ALL OF ITS
PROPERTY THEREFROM AND ALL ALTERATIONS AND IMPROVEMENTS PLACED THEREON BY TENANT
IF SO REQUESTED