HEREUNDER.
(C)
CLAIMS FOR FEES.
EACH PARTY HERETO SHALL INDEMNIFY AND HOLD
HARMLESS THE OTHER PARTY FOR ANY AND ALL LIABILITY INCURRED IN CONNECTION WITH
THE NEGOTIATION OR EXECUTION OF THIS LEASE FOR ANY REAL ESTATE BROKER'S
COMMISSION OR FINDER'S FEE WHICH HAS BEEN EARNED BY A REAL ESTATE BROKER OR
OTHER PERSON ON SUCH PARTY'S BEHALF.
(D)
APPLICABLE LAW.
THIS LEASE AND ALL MATTERS PERTINENT THERETO
SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
GEORGIA.
(E)
ENTIRE AGREEMENT.
THIS LEASE, INCLUDING ALL EXHIBITS, RIDERS AND
ADDENDA, CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND MAY NOT
BE MODIFIED EXCEPT BY AN INSTRUMENT IN WRITING EXECUTED BY THE PARTIES HERETO.
(F)
BINDING EFFECT.
THIS LEASE AND THE RESPECTIVE RIGHTS AND
OBLIGATIONS OF THE PARTIES HERETO SHALL INURE TO THE BENEFIT OF AND BE BINDING
UPON THE SUCCESSORS AND ASSIGNS OF THE PARTIES HERETO AS WELL AS THE PARTIES
THEMSELVES; PROVIDED, HOWEVER, THAT (I) LANDLORD, ITS SUCCESSORS AND ASSIGNS
SHALL BE OBLIGATED TO PERFORM LANDLORD'S COVENANTS UNDER THIS LEASE ONLY DURING
AND IN RESPECT OF THEIR SUCCESSIVE PERIODS AS LANDLORD DURING
9
THE TERM OF THIS LEASE, AND (II) LANDLORD'S RIGHTS AND OBLIGATIONS UNDER THE
ESCROW AGREEMENT SHALL AT ALL TIMES BE ASSIGNED TO, AND ASSUMED BY, ANY PARTY
ASSUMING LANDLORD'S OBLIGATIONS UNDER THIS LEASE.
(G)
SEVERABILITY.
IF ANY PROVISION OF THIS LEASE SHALL BE HELD TO BE
INVALID, VOID OR UNENFORCEABLE, THE REMAINING PROVISIONS HEREOF SHALL NOT BE
AFFECTED OR IMPAIRED, AND SUCH REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE
AND EFFECT.
(H)
NO PARTNERSHIP.
LANDLORD SHALL NOT, BY VIRTUE OF THE EXECUTION OF
THIS LEASE OR THE LEASING OF THE PREMISES TO TENANT, BECOME OR BE DEEMED A
PARTNER OF TENANT IN THE CONDUCT OF TENANT'S BUSINESS ON THE PREMISES OR
OTHERWISE.
(I)
HEADINGS, GENDER, ETC.
AS USED IN THIS LEASE, THE WORD "PERSON"
SHALL MEAN AND INCLUDE, WHERE APPROPRIATE, AN INDIVIDUAL, CORPORATION,
PARTNERSHIP OR OTHER ENTITY; THE PLURAL SHALL BE SUBSTITUTED FOR THE SINGULAR,
AND THE SINGULAR FOR THE PLURAL, WHERE APPROPRIATE; AND WORDS OF ANY GENDER
SHALL INCLUDE ANY OTHER GENDER.
THE TOPICAL HEADINGS OF THE SEVERAL PARAGRAPHS
OF THIS LEASE ARE INSERTED ONLY AS A MATTER OF CONVENIENCE AND REFERENCE, AND DO
NOT AFFECT, DEFINE, LIMIT OR DESCRIBE THE SCOPE OR INTENT OF THIS LEASE.
(J)
WAIVER OF JURY.
TO THE EXTENT PERMITTED BY LAW, TENANT HEREBY
WAIVES ANY RIGHT IT MAY HAVE TO A JURY TRIAL IN THE EVENT OF LITIGATION BETWEEN
TENANT AND LANDLORD PERTAINING TO THIS LEASE.
(K)
ALLOCATION OF RENT.
LANDLORD AND TENANT AGREE THAT NO PORTION OF
THE RENT PAID BY TENANT DURING THE PORTION OF THE TERM OF THIS LEASE OCCURRING
AFTER THE EXPIRATION OF ANY PERIOD DURING WHICH SUCH RENT WAS ABATED SHALL BE
ALLOCATED BY LANDLORD OR TENANT TO SUCH RENT ABATEMENT PERIOD, NOR IS SUCH RENT
INTENDED BY THE PARTIES TO BE ALLOCABLE TO ANY ABATEMENT PERIOD.
(L)
RIGHT TO CHANGE BUILDING NAME AND ADDRESS.
LANDLORD RESERVES THE
RIGHT