ANY MONETARY CLAIM AGAINST LANDLORD
WHICH IT MAY HAVE BASED UPON ANY ASSERTION THAT LANDLORD HAS UNREASONABLY
WITHHELD OR UNREASONABLY DELAYED ANY REQUESTED CONSENT, AND TENANT AGREES THAT
ITS SOLE REMEDY SHALL BE AN ACTION OR PROCEEDING TO ENFORCE ANY SUCH PROVISION
OR FOR SPECIFIC PERFORMANCE, INJUNCTION OR DECLARATORY JUDGMENT.
IN THE EVENT
OF SUCH A DETERMINATION, THE REQUESTED CONSENT SHALL BE DEEMED TO HAVE BEEN
GRANTED; HOWEVER, LANDLORD SHALL HAVE NO LIABILITY TO TENANT FOR ITS REFUSAL TO
GIVE SUCH CONSENT.
THE SOLE REMEDY FOR LANDLORD'S UNREASONABLY WITHHOLDING OR
DELAYING OF CONSENT SHALL BE AS PROVIDED IN THIS SECTION.
17.33
WAIVER.
THE FAILURE OF LANDLORD TO EXERCISE ITS RIGHTS IN
CONNECTION WITH ANY BREACH OR VIOLATION OF ANY TERM, COVENANT, OR CONDITION
HEREIN CONTAINED, SHALL NOT BE DEEMED TO BE A WAIVER OF SUCH TERM, COVENANT OR
CONDITION OR ANY SUBSEQUENT BREACH OF THE SAME OR ANY OTHER TERM, COVENANT OR
CONDITION HEREIN CONTAINED.
THE SUBSEQUENT ACCEPTANCES OF RENT HEREUNDER BY
LANDLORD SHALL NOT BE DEEMED TO BE A WAIVER OF ANY PRECEDING BREACH BY TENANT OF
ANY TERM, COVENANT OR CONDITION OF THIS LEASE OTHER THAN THE FAILURE OF TENANT
TO PAY THE PARTICULAR RENT SO ACCEPTED, REGARDLESS OF LANDLORD'S KNOWLEDGE OF
SUCH PROCEEDING BREACH AT THE TIME OF ACCEPTANCE OF SUCH RENT.
17.34
NO MERGER.
THE VOLUNTARY OR OTHER SURRENDER OF THIS LEASE BY
TENANT, OR A MUTUAL CANCELLATION THEREOF, SHALL NOT WORK A MERGER, AND SHALL, AT
THE OPTION OF LANDLORD, TERMINATE ANY AND ALL EXISTING SUBLEASES OR
SUBTENANCIES, OR OPERATE AS AN ASSIGNMENT TO LANDLORD OF ANY OR ALL OF SUCH
SUBLEASES OR SUBTENANCIES.
17.35
STORAGE PREMISES.
LANDLORD HEREBY LEASES TO TENANT, AND TENANT
HEREBY LEASES FROM LANDLORD, TENANT'S CURRENTLY EXISTING STORAGE PREMISES (THE
"STORAGE PREMISES"), COMPRISED OF APPROXIMATELY ONE THOUSAND ONE HUNDRED
NINETY-EIGHT (1198) RENTABLE SQUARE FEET LOCATED IN THE PARKING GARAGE.
TENANT
LEASES THE STORAGE PREMISES "AS IS," AND LANDLORD MAKES NO REPRESENTATION OR
WARRANTY WITH RESPECT TO THE STORAGE PREMISES OR THE CONDITION THEREOF.
(A)
USE.
THE STORAGE PREMISES MAY BE USED SOLELY FOR STORAGE PURPOSES
IN COMPLIANCE WITH APPLICABLE LAWS.
TENANT AGREES THAT TENANT SHALL NOT STORE
ANY TOXIC OR CORROSIVE MATERIALS IN THE STORAGE PREMISES, NOR SHALL TENANT STORE
ANY OBJECTS OR GROUPS OF OBJECTS WHICH EXCEED THE FLOOR LOAD CAPACITY OF THE
STORAGE PREMISES.
(B)
TERM.
THE TERM OF THE LEASE FOR THE STORAGE PREMISES SHALL
COMMENCE AS OF THE COMMENCEMENT DATE AND SHALL CONTINUE FOR A PERIOD COTERMINOUS
WITH TERM OF THIS LEASE, UNLESS SOONER TERMINATED PURSUANT HERETO, AND SUBJECT
TO RENEWAL PURSUANT TO EXHIBIT E ATTACHED HERETO; PROVIDED THAT RENT FOR THE
STORAGE PREMISES DURING ANY RENEWAL OR EXTENSION TERM SHALL BE DETERMINED BY
LANDLORD.
(C)
RENT.
TENANT SHALL PAY A MONTHLY RENT FOR THE STORAGE PREMISES IN
THE AMOUNT OF ONE THOUSAND ONE HUNDRED NINETY-EIGHT DOLLARS ($1198), BASED ON
THE EXISTING STORAGE PREMISES, PAYABLE IN ADVANCE ON OR BEFORE THE FIRST DAY OF
EACH CALENDAR MONTH DURING THE TERM OF THE LEASE FOR THE STORAGE PREMISES.