REMAINDER OF THE LEASE, OR THE APPLICATION OF SUCH
TERM OR PROVISION TO PERSONS OR CIRCUMSTANCES OTHER THAN THOSE AS TO WHICH IT IS
HELD INVALID OR UNENFORCEABLE, SHALL NOT BE AFFECTED THEREBY AND EACH TERM AND
PROVISION OF THE LEASE SHALL BE VALID AND BE ENFORCED TO THE FULLEST EXTENT
PERMITTED BY LAW.
THE CAPTIONS CONTAINED HEREIN ARE FOR CONVENIENCE AND
REFERENCE ONLY AND SHALL NOT BE DEEMED AS PART OF THE LEASE OR CONSTRUED AS IN
ANY MANNER LIMITING OR AMPLIFYING THE TERMS AND PROVISIONS OF THE LEASE TO WHICH
THEY RELATE.
10.8.
TIME.
TIME IS OF THE ESSENCE OF THE LEASE AND WHEREVER A DAY
CERTAIN IS STATED FOR PAYMENT OR PERFORMANCE OF ANY OBLIGATION OF TENANT OR
LANDLORD (INCLUDING, WITHOUT LIMITATION, THOSE SET FORTH IN PARAGRAPH 12), THE
SAME ENTERS INTO AND BECOMES A PART OF THE CONSIDERATION.
10.9.
BROKER.
TENANT REPRESENTS AND WARRANTS TO LANDLORD THAT TENANT HAS
NOT DEALT WITH ANY BROKER, FIRM, COMPANY OR PERSON IN CONNECTION WITH THE
NEGOTIATION FOR OR THE OBTAINING OF THE LEASE.
TENANT REPRESENTS AND WARRANTS
TO LANDLORD THAT NO BROKER, FIRM, COMPANY OR PERSON WAS INVOLVED IN THE
NEGOTIATION FOR OR THE OBTAINING OF THE LEASE.
10.10.
LANDLORD'S RELIANCE.
LANDLORD HAS EXECUTED THE LEASE IN RELIANCE
UPON CERTAIN FINANCIAL INFORMATION, WHICH HAS BEEN SUBMITTED BY TENANT TO
LANDLORD PRIOR TO THE EXECUTION OF THE LEASE.
TENANT CONFIRMS THAT THE
INFORMATION SUBMITTED IS TRUE AND CORRECT AND A FAIR REPRESENTATION OF TENANT'S
FINANCIAL CONDITION AT THE TIME OF SIGNING OF THE LEASE.
FROM TIME TO TIME,
UPON FIVE (5) DAYS WRITTEN REQUEST BY LANDLORD, TENANT WILL SUBMIT TO LANDLORD
CURRENT FINANCIAL INFORMATION SATISFACTORY FOR LANDLORD TO PROPERLY DETERMINE
TENANT'S FINANCIAL CONDITION.
10.11.
RELATIONSHIP OF PARTIES.
NOTHING CONTAINED IN THE LEASE SHALL BE
DEEMED OR CONSTRUED AS CREATING THE RELATIONSHIP OF PRINCIPAL AND AGENT OR OF
PARTNERSHIP OR JOINT VENTURE BETWEEN THE PARTIES HERETO, IT BEING UNDERSTOOD AND
AGREED THAT NEITHER THE METHOD OF COMPUTING RENT NOR ANY OTHER PROVISION
CONTAINED HEREIN NOR ANY ACTS OF THE PARTIES HERETO SHALL BE DEEMED TO CREATE
ANY RELATIONSHIP BETWEEN THE PARTIES OTHER THAN THAT OF LANDLORD AND TENANT.
NO
ESTATE IN LAND SHALL PASS OUT OF LANDLORD, AND TENANT SHALL HAVE ONLY A
USUFRUCT, NOT SUBJECT TO LEVY AND SALE AND NOT ASSIGNABLE IN WHOLE OR IN PART BY
TENANT, EXCEPT AS PROVIDED HEREIN.
10.12.
NO RESERVATION.
THE TENDER OF THE LEASE BY LANDLORD SHALL NOT
REPRESENT A RESERVATION OR COMMITMENT FOR THE DEMISED PREMISES UPON/OR BY
LANDLORD UNTIL IT IS FULLY EXECUTED BY BOTH PARTIES HERETO.
11.
SIGNS.
Landlord will place Tenant's name and suite number on the standard directory in
the Center on a sign approved by Landlord.
Aside from the aforementioned sign,
Tenant may not erect any sign on the interior or exterior of the Demised
Premises that is visible from the outside of the Demised Premises nor may it
erect a sign in any other location within the Center or on the Demised Premises
without the Landlord's