REGULATIONS.
THE GARAGE WILL REMAIN OPEN ON MONDAY THROUGH FRIDAY (EXCLUDING LEGAL HOLIDAYS)
DURING THE NORMAL HOURS OF OPERATION OF THE BUILDING ON SUCH DAYS.
LANDLORD
RESERVES THE RIGHT TO CLOSE THE GARAGE DURING PERIODS OF UNUSUALLY INCLEMENT
WEATHER.
AT ALL TIMES WHEN THE GARAGE IS CLOSED, MONTHLY PERMIT HOLDERS SHALL
BE AFFORDED ACCESS TO THE GARAGE BY MEANS OF A MAGNETIC CARD OR OTHER PROCEDURE
PROVIDED BY LANDLORD OR THE GARAGE OPERATOR.
IT IS UNDERSTOOD AND AGREED THAT THE LANDLORD DOES NOT ASSUME ANY RESPONSIBILITY
FOR, AND SHALL NOT BE HELD LIABLE FOR, ANY DAMAGE OR LOSS TO ANY AUTOMOBILES
PARKED IN THE GARAGE OR TO ANY PERSONAL PROPERTY LOCATED THEREIN, OR FOR ANY
INJURY SUSTAINED BY ANY PERSON IN OR ABOUT THE GARAGE.
NOTWITHSTANDING THE
FOREGOING PROVISIONS OF THIS SECTION 24.5 TO THE CONTRARY, LANDLORD SHALL NOT BE
RELEASED FROM LIABILITY TO TENANT FOR DAMAGE OR INJURY CAUSED BY THE NEGLIGENCE
OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES; PROVIDED, HOWEVER, IN NO
EVENT SHALL LANDLORD HAVE ANY LIABILITY TO TENANT FOR (A) ANY CLAIMS BASED ON
THE INTERRUPTION OF OR LOSS TO TENANT'S BUSINESS, (B) ANY INDIRECT LOSSES OR
CONSEQUENTIAL DAMAGES WHATSOEVER, OR (C) ANY CLAIMS ARISING OUT OF THE CRIMINAL
ACTS OF THIRD PARTIES.
GENERAL PROVISIONS
TENANT ACKNOWLEDGES THAT NEITHER LANDLORD NOR ANY BROKER, AGENT OR EMPLOYEE OF
LANDLORD HAS MADE ANY REPRESENTATIONS OR PROMISES WITH RESPECT TO THE PREMISES
OR THE BUILDING EXCEPT AS HEREIN EXPRESSLY SET FORTH, AND NO RIGHTS, PRIVILEGES,
EASEMENTS OR LICENSES ARE BEING ACQUIRED BY TENANT EXCEPT AS HEREIN EXPRESSLY
SET FORTH.
NOTHING CONTAINED IN THIS LEASE SHALL BE CONSTRUED AS CREATING A PARTNERSHIP OR
JOINT VENTURE OF OR BETWEEN LANDLORD AND TENANT, OR TO CREATE ANY OTHER
RELATIONSHIP BETWEEN THE PARTIES HERETO OTHER THAN THAT OF LANDLORD AND TENANT.
LANDLORD RECOGNIZES INSIGNIA/ESG AND PROSPECTIVE, INC. AS THE SOLE BROKERS
PROCURING THIS LEASE AND SHALL PAY SAID BROKERS A COMMISSION PURSUANT TO A
SEPARATE AGREEMENT BETWEEN SAID BROKERS AND LANDLORD. TENANT REPRESENTS AND
WARRANTS TO LANDLORD THAT IT HAS NOT EMPLOYED OR DEALT WITH ANY BROKER, AGENT OR
FINDER IN CARRYING ON THE NEGOTIATIONS RELATING TO THIS LEASE OTHER THAN THE
BROKERS REFERRED TO IN THE PRECEDING SENTENCE.
TENANT SHALL INDEMNIFY AND HOLD
LANDLORD HARMLESS FROM AND AGAINST ANY CLAIM OR CLAIMS FOR BROKERAGE OR OTHER
COMMISSIONS ASSERTED BY ANY BROKER, AGENT OR FINDER ENGAGED BY TENANT OR WITH
WHOM TENANT HAS DEALT IN CONNECTION WITH THIS LEASE OTHER THAN THE BROKER
DESCRIBED ABOVE.
LANDLORD SHALL INDEMNIFY AND HOLD TENANT HARMLESS FROM AND
AGAINST ANY CLAIM OR CLAIMS FOR BROKERAGE OR OTHER COMMISSIONS ASSERTED AGAINST
TENANT BY ANY BROKER, AGENT OR FINDER ENGAGED BY LANDLORD OR WITH WHOM LANDLORD
HAS DEALT IN CONNECTION WITH THIS LEASE.
TENANT AGREES, AT ANY TIME AND FROM TIME TO TIME (BUT NOT MORE THAN TWO
(2) TIMES IN ANY CALENDAR YEAR, PROVIDED, HOWEVER, THAT, SUCH LIMIT SHALL NOT
APPLY IF LANDLORD HAS A LEGITIMATE BUSINESS PURPOSE FOR SUCH REQUEST), UPON NOT
LESS THAN FIVE (5)