TRANSFER OR TRANSFERS OF SUCH
INTEREST THE LANDLORD HEREIN NAMED (AND IN CASE OF ANY SUBSEQUENT TRANSFER, THE
THEN TRANSFEROR) SHALL BE AUTOMATICALLY FREED AND RELIEVED FROM AND AFTER THE
DATE OF SUCH TRANSFER OF ALL PERSONAL LIABILITY AS RESPECTS THE PERFORMANCE OF
ANY COVENANTS OR AGREEMENTS ON THE PART OF THE LANDLORD CONTAINED IN THIS LEASE
THEREAFTER TO BE PERFORMED.
(E)
IT IS UNDERSTOOD THAT THE LANDLORD MAY OCCUPY PORTIONS OF THE
BUILDING IN THE CONDUCT OF THE LANDLORD'S BUSINESS.
IN SUCH EVENT, ALL
REFERENCES HEREIN TO OTHER TENANTS OF THE BUILDING SHALL BE DEEMED TO INCLUDE
THE LANDLORD AS AN OCCUPANT.
(F)
THE TERM "CITY" AS USED IN THIS LEASE SHALL BE UNDERSTOOD TO MEAN
THE CITY IN WHICH THE PROPERTY IS LOCATED.
(G)
ALL OF THE COVENANTS OF THE TENANT HEREUNDER SHALL BE DEEMED AND
CONSTRUED TO BE "CONDITIONS" AS WELL AS "COVENANTS" AS THOUGH THE WORDS
SPECIFICALLY EXPRESSING OR IMPORTING COVENANTS AND CONDITIONS WERE USED IN EACH
SEPARATE INSTANCE.
(H)
THE TENANT AGREES THAT, UPON RECEIVING A WRITTEN REQUEST FROM THE
LANDLORD, THE TENANT WILL WITHIN TEN (10) DAYS DELIVER A COPY OF THIS LEASE, OR,
IF THE LANDLORD SO REQUESTS, A MEMORANDUM OF THIS LEASE, IN RECORDABLE FORM TO
THE LANDLORD.
TENANT SHALL NOT RECORD THIS LEASE OR A MEMORANDUM THEREOF,
WITHOUT THE PRIOR WRITTEN CONSENT OF THE LANDLORD.
(I)
NEITHER PARTY HAS MADE ANY REPRESENTATIONS OR PROMISE, EXCEPT AS
CONTAINED HEREIN, OR IN SOME FURTHER WRITING SIGNED BY THE PARTY MAKING SUCH
REPRESENTATION OR PROMISE.
(J)
IN THE ABSENCE OF FRAUD, NO PERSON, FIRM OR CORPORATION, OR THE
HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, RESPECTIVELY, THEREOF,
EXECUTING THIS LEASE FOR LANDLORD AS AGENT, TRUSTEE OR IN ANY OTHER
REPRESENTATIVE CAPACITY SHALL EVER BE DEEMED OR HELD INDIVIDUALLY LIABLE
HEREUNDER FOR ANY REASON OR CAUSE WHATSOEVER.
(K)
IN THE EVENT OF VARIATION OR DISCREPANCY, THE LANDLORD'S ORIGINAL
COPY OF THE LEASE SHALL CONTROL.
(L)
EACH PROVISION HEREOF SHALL EXTEND TO AND SHALL, AS THE CASE MAY
REQUIRE, BIND AND INURE TO THE BENEFIT OF THE LANDLORD AND THE TENANT AND THEIR
RESPECTIVE HEIRS, LEGAL REPRESENTATIVES AND SUCCESSORS, AND ASSIGNS IN THE EVENT
THIS LEASE HAS BEEN ASSIGNED WITH THE EXPRESS WRITTEN CONSENT OF THE LANDLORD.
(M)
THE TENANT AGREES THAT IT IS TENANT'S SOLE OBLIGATION TO COMPLY
WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT ("ADA"), AS AMENDED
FROM TIME TO TIME, WITH REGARD TO THE PREMISES.
TENANT AGREES TO INDEMNIFY,
DEFEND AND PROTECT LANDLORD FROM ANY CLAIM OR SUIT BROUGHT AGAINST LANDLORD FOR
TENANT'S FAILURE TO COMPLY WITH THE TENANT'S OBLIGATIONS TO MAINTAIN THE LEASED
PREMISES PURSUANT TO ADA.
(N)
EACH OF LANDLORD AND TENANT, AND EACH PERSON SIGNING FOR THEM,
HEREBY WARRANTS AND REPRESENTS TO THE OTHER THAT THE INDIVIDUAL SIGNING ON
BEHALF OF THAT PARTY IS FULLY AUTHORIZED TO SIGN ON BEHALF OF, AND TO BIND, SUCH
PARTY AND THAT, WHEN SIGNED BY THE PARTIES, THIS
29
LEASE SHALL BE FULLY BINDING ON THE PARTY ON WHOSE BEHALF THIS LEASE