NO RIGHTS,
EASEMENTS OR LICENSES SHALL BE ACQUIRED BY TENANT BY IMPLICATION OR OTHERWISE
UNLESS EXPRESSLY SET FORTH HEREIN. THE SUBMISSION OF THIS LEASE FOR EXAMINATION
DOES NOT CONSTITUTE AN OPTION FOR THE PREMISES AND THIS LEASE SHALL BECOME
EFFECTIVE AS A BINDING AGREEMENT ONLY UPON EXECUTION AND DELIVERY THEREOF BY
LANDLORD TO TENANT.
35.
MISCELLANEOUS. THIS LEASE MAY NOT BE AMENDED OR MODIFIED EXCEPT BY
A WRITING SIGNED BY LANDLORD AND TENANT. SUBJECT TO SECTION 14 - ASSIGNMENT AND
SUBLETTING AND SECTION 28 - LANDLORD'S LIABILITY, THIS LEASE SHALL BE BINDING ON
AND SHALL INURE TO THE BENEFIT OF THE PARTIES AND THEIR RESPECTIVE SUCCESSORS,
ASSIGNS AND LEGAL REPRESENTATIVES. THE DETERMINATION THAT ANY PROVISIONS HEREOF
MAY BE VOID, INVALID, ILLEGAL OR UNENFORCEABLE SHALL NOT IMPAIR ANY OTHER
PROVISIONS HEREOF AND ALL SUCH OTHER PROVISIONS OF THIS LEASE SHALL REMAIN IN
FULL FORCE AND EFFECT.
39
THE UNENFORCEABILITY, INVALIDITY OR ILLEGALITY OF ANY PROVISION OF THIS LEASE
UNDER PARTICULAR CIRCUMSTANCES SHALL NOT RENDER UNENFORCEABLE, INVALID OR
ILLEGAL OTHER PROVISIONS OF THIS LEASE, OR THE SAME PROVISIONS UNDER OTHER
CIRCUMSTANCES. THIS LEASE SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH
THE LAWS (EXCLUDING CONFLICT OF LAWS PRINCIPLES) OF THE STATE OF ARIZONA. THE
PROVISIONS OF THIS LEASE SHALL BE CONSTRUED IN ACCORDANCE WITH THE FAIR MEANING
OF THE LANGUAGE USED AND SHALL NOT BE STRICTLY CONSTRUED AGAINST EITHER PARTY,
EVEN IF SUCH PARTY DRAFTED THE PROVISION IN QUESTION. WHEN REQUIRED BY THE
CONTEXT OF THIS LEASE, THE SINGULAR INCLUDES THE PLURAL. WHEREVER THE TERM
"INCLUDING" IS USED IN THIS LEASE, IT SHALL BE INTERPRETED AS MEANING
"INCLUDING, BUT NOT LIMITED TO" THE MATTER OR MATTERS THEREAFTER ENUMERATED. THE
CAPTIONS CONTAINED IN THIS LEASE ARE FOR PURPOSES OF CONVENIENCE ONLY AND ARE
NOT TO BE USED TO INTERPRET OR CONSTRUE THIS LEASE. IF MORE THAN ONE PERSON OR
ENTITY IS IDENTIFIED AS TENANT HEREUNDER, THE OBLIGATIONS OF EACH AND ALL OF
THEM UNDER THIS LEASE SHALL BE JOINT AND SEVERAL. TIME IS OF THE ESSENCE WITH
RESPECT TO THIS LEASE, EXCEPT AS TO THE CONDITIONS RELATING TO THE DELIVERY OF
POSSESSION OF THE PREMISES TO TENANT. NEITHER LANDLORD NOR TENANT SHALL RECORD
THIS LEASE.
36.
AUTHORITY. IF TENANT IS A CORPORATION, PARTNERSHIP, LIMITED
LIABILITY COMPANY OR OTHER FORM OF BUSINESS ENTITY, EACH OF THE PERSONS
EXECUTING THIS LEASE ON BEHALF OF TENANT WARRANTS AND REPRESENTS THAT TENANT IS
A DULY ORGANIZED AND VALIDLY EXISTING ENTITY, THAT TENANT HAS FULL RIGHT AND
AUTHORITY TO ENTER INTO THIS LEASE AND THAT THE PERSONS SIGNING ON BEHALF OF
TENANT ARE AUTHORIZED TO DO SO AND HAVE THE POWER TO BIND TENANT TO THIS LEASE.
TENANT SHALL PROVIDE LANDLORD UPON REQUEST WITH EVIDENCE REASONABLY SATISFACTORY
TO LANDLORD CONFIRMING THE FOREGOING REPRESENTATIONS.
37.
SIGNAGE. PROVIDED TENANT, AT ITS COST, RECEIVES ALL NECESSARY
GOVERNMENTAL AND QUASI-GOVERNMENTAL APPROVALS THEREFOR AS WELL AS LANDLORD'S AND
THE KIERLAND MASTER ASSOCIATION'S PRIOR WRITTEN CONSENT IN CONNECTION THEREWITH,
LANDLORD SHALL ALLOW TENANT TO ERECT TENANT'S SIGN IN TWO (2) LOCATIONS ON THE