SATISFY ANY OBLIGATIONS OF TENANT HEREUNDER, IN
SUCH ORDER AND AMOUNTS AS LANDLORD, IN ITS SOLE DISCRETION, MAY ELECT.
26.11
TIME OF ESSENCE; TIME FOR PAYMENT.
TIME IS OF THE ESSENCE OF THIS
LEASE AND EACH OF ITS PROVISIONS.
WHENEVER IN THE LEASE A PAYMENT IS REQUIRED
TO BE MADE BY ONE PARTY TO THE OTHER, BUT A SPECIFIC DATE FOR PAYMENT IS NOT SET
FORTH OR A SPECIFIC NUMBER OF DAYS WITHIN WHICH PAYMENT IS TO BE MADE IS NOT SET
FORTH, OR THE WORDS "IMMEDIATELY," "PROMPTLY," AND/OR "ON DEMAND," OR THEIR
EQUIVALENT, ARE USED TO SPECIFY WHEN SUCH PAYMENT IS DUE, THEN SUCH PAYMENT
SHALL BE DUE THIRTY (30) DAYS AFTER THE DATE THAT THE PARTY WHICH IS ENTITLED TO
SUCH PAYMENT SENDS NOTICE TO THE OTHER PARTY DEMANDING SUCH PAYMENT.
26.12
PARTIAL INVALIDITY.
IF ANY TERM, PROVISION OR CONDITION CONTAINED
IN THIS LEASE SHALL, TO ANY EXTENT, BE INVALID OR UNENFORCEABLE, THE REMAINDER
OF THIS LEASE, OR THE APPLICATION OF SUCH TERM, PROVISION OR CONDITION TO
PERSONS OR CIRCUMSTANCES OTHER THAN THOSE WITH RESPECT TO WHICH IT IS INVALID OR
UNENFORCEABLE, SHALL NOT BE AFFECTED THEREBY, AND EACH AND EVERY OTHER TERM,
PROVISION AND CONDITION OF THIS LEASE SHALL BE VALID AND ENFORCEABLE TO THE
FULLEST EXTENT POSSIBLE PERMITTED BY LAW.
26.13
NO WARRANTY.
IN EXECUTING AND DELIVERING THIS LEASE, NEITHER
LANDLORD NOR TENANT HAS RELIED ON ANY REPRESENTATION OR ANY WARRANTY OR ANY
STATEMENT OF THE OTHER PARTY WHICH IS NOT SET FORTH HEREIN OR IN ONE OR MORE OF
THE EXHIBITS OR RIDERS ATTACHED HERETO.
26.14
LANDLORD EXCULPATION.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT
NOTWITHSTANDING ANYTHING IN THIS LEASE TO THE CONTRARY, AND NOTWITHSTANDING ANY
APPLICABLE LAW TO THE CONTRARY, THE LIABILITY OF LANDLORD AND THE LANDLORD
PARTIES HEREUNDER (INCLUDING ANY SUCCESSOR LANDLORD) AND ANY RECOURSE BY TENANT
AGAINST LANDLORD OR THE LANDLORD PARTIES SHALL BE LIMITED SOLELY AND EXCLUSIVELY
TO AN AMOUNT WHICH IS EQUAL TO THE INTEREST OF LANDLORD IN THE BUILDING AND THE
OTHER PORTIONS OF THE REAL PROPERTY OWNED BY LANDLORD AND ANY AVAILABLE
INSURANCE AND CONDEMNATION PROCEEDS, AND NEITHER LANDLORD, NOR ANY OF THE
LANDLORD PARTIES SHALL HAVE ANY PERSONAL LIABILITY THEREFOR, AND TENANT HEREBY
EXPRESSLY WAIVES AND RELEASES SUCH PERSONAL LIABILITY ON BEHALF OF ITSELF AND
ALL PERSONS CLAIMING BY, THROUGH OR UNDER TENANT.
26.15
ENTIRE AGREEMENT.
IT IS UNDERSTOOD AND ACKNOWLEDGED THAT THERE ARE
NO ORAL AGREEMENTS BETWEEN THE PARTIES HERETO AFFECTING THIS LEASE AND THIS
LEASE SUPERSEDES AND CANCELS ANY AND ALL PREVIOUS NEGOTIATIONS, ARRANGEMENTS,
BROCHURES, AGREEMENTS AND UNDERSTANDINGS, IF ANY, BETWEEN THE PARTIES HERETO OR
DISPLAYED BY LANDLORD TO TENANT WITH RESPECT TO THE SUBJECT MATTER THEREOF, AND
NONE THEREOF SHALL BE USED TO INTERPRET OR CONSTRUE THIS LEASE.
THIS LEASE
(INCLUDING THE EXHIBITS AND RIDERS WHICH ARE ATTACHED HERETO AND CONSTITUTE AN
INTEGRAL PART OF THIS LEASE) CONTAINS ALL OF THE TERMS, COVENANTS, CONDITIONS,
WARRANTIES AND AGREEMENTS OF THE PARTIES RELATING IN ANY MANNER TO THE RENTAL,
USE AND OCCUPANCY OF THE PREMISES, SHALL