EACH
OTHER HARMLESS AGAINST ANY LOSS, CLAIM, EXPENSE OR LIABILITY WITH RESPECT TO ANY
COMMISSIONS OR BROKERAGE FEES CLAIMED BY ANY BROKER OR FINDER OTHER THAN THE
BROKER ON ACCOUNT OF THE EXECUTION AND/OR RENEWAL OF THIS LEASE DUE TO ANY
ACTION OF THE INDEMNIFYING PARTY.
LANDLORD SHALL BE RESPONSIBLE FOR ANY
COMMISSION OR FEE DUE TO THE BROKER.
H.
IF THERE IS MORE THAN ONE TENANT, OR IF TENANT AS SUCH IS
COMPRISED OF MORE THAN ONE PERSON OR ENTITY, THE OBLIGATIONS HEREUNDER IMPOSED
UPON TENANT SHALL BE JOINT AND SEVERAL OBLIGATIONS OF ALL SUCH PARTIES.
ALL
NOTICES, PAYMENTS, AND AGREEMENTS GIVEN OR MADE BY, WITH OR TO ANY ONE OF SUCH
PERSONS OR ENTITIES SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE BY, WITH OR TO
ALL OF THEM.
I.
TENANT ACKNOWLEDGES THAT THE FINANCIAL CAPABILITY OF TENANT TO
PERFORM ITS OBLIGATIONS HEREUNDER IS MATERIAL TO LANDLORD AND THAT LANDLORD
WOULD NOT ENTER INTO THIS LEASE BUT FOR ITS BELIEF, BASED ON ITS REVIEW OF
TENANT'S FINANCIAL STATEMENTS, THAT TENANT IS
27
CAPABLE OF PERFORMING SUCH FINANCIAL OBLIGATIONS.
TENANT HEREBY REPRESENTS,
WARRANTS AND CERTIFIES TO LANDLORD THAT ITS FINANCIAL STATEMENTS PREVIOUSLY
FURNISHED TO LANDLORD WERE AT THE TIME GIVEN TRUE AND CORRECT IN ALL MATERIAL
RESPECTS AND THAT THERE HAVE BEEN NO MATERIAL SUBSEQUENT CHANGES THERETO AS OF
THE DATE OF THIS LEASE.
J.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE,
THE EXPIRATION OF THE LEASE TERM, WHETHER BY LAPSE OF TIME OR OTHERWISE, SHALL
NOT RELIEVE TENANT FROM TENANT'S OBLIGATIONS ACCRUING PRIOR TO THE EXPIRATION OF
THE LEASE TERM, AND SUCH OBLIGATIONS SHALL SURVIVE ANY SUCH EXPIRATION OR OTHER
TERMINATION OF THE LEASE TERM.
K.
LANDLORD AND TENANT UNDERSTAND, AGREE AND ACKNOWLEDGE THAT
(I) THIS LEASE HAS BEEN FREELY NEGOTIATED BY BOTH PARTIES; AND (II) IN ANY
CONTROVERSY, DISPUTE OR CONTEST OVER THE MEANING, INTERPRETATION, VALIDITY, OR
ENFORCEABILITY OF THIS LEASE OR ANY OF ITS TERMS OR CONDITIONS, THERE SHALL BE
NO INFERENCE, PRESUMPTION, OR CONCLUSION DRAWN WHATSOEVER AGAINST EITHER PARTY
BY VIRTUE OF THAT PARTY HAVING DRAFTED THIS LEASE OR ANY PORTION THEREOF.
L.
THE HEADINGS AND TITLES TO THE PARAGRAPHS OF THIS LEASE ARE FOR
CONVENIENCE ONLY AND SHALL HAVE NO AFFECT UPON THE CONSTRUCTION OR
INTERPRETATION OF ANY PART HEREOF.
THE TERM "INCLUDING" SHALL BE DEEMED TO MEAN
"INCLUDING WITHOUT LIMITATION".
M.
THE ADDITIONAL PROVISIONS, IF ANY, ATTACHED HERETO AS EXHIBIT E ARE
HEREBY INCORPORATED BY REFERENCE.
30.
NO OFFER.
LANDLORD HAS DELIVERED A COPY OF THIS LEASE TO TENANT FOR
TENANT'S REVIEW ONLY, AND THE DELIVERY HEREOF DOES NOT CONSTITUTE AN OFFER TO
TENANT OR AN OPTION.
THIS LEASE SHALL NOT BE EFFECTIVE UNTIL AN ORIGINAL OF
THIS LEASE IS EXECUTED BY BOTH LANDLORD AND TENANT, AND A SIGNED ORIGINAL OF
THIS LEASE IS RETURNED TO TENANT.
31.
ENTIRE AGREEMENT.
THIS LEASE, INCLUDING THE EXHIBITS ATTACHED HERETO,
CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO WITH RESPECT TO THE
SUBJECT MATTER OF THIS LEASE AND SUPERSEDES ALL PRIOR AGREEMENTS