DATE HEREOF" OR SIMILAR
REFERENCES SHALL BE DEEMED TO REFER TO THE LAST DATE, IN POINT OF TIME, ON WHICH
ALL PARTIES HERETO HAVE EXECUTED THIS LEASE.
20
I.
TENANT REPRESENTS AND WARRANTS THAT IT HAS DEALT WITH NO BROKER,
AGENT OR OTHER PERSON IN CONNECTION WITH THIS TRANSACTION AND THAT NO BROKER,
AGENT OR OTHER PERSON BROUGHT ABOUT THIS TRANSACTION, OTHER THAN THE BROKER OR
AGENT IDENTIFIED IN THE BASIC LEASE INFORMATION, AND TENANT AGREES TO INDEMNIFY
AND HOLD LANDLORD HARMLESS FROM AND AGAINST ANY CLAIMS BY ANY OTHER BROKER,
AGENT OR OTHER PERSON CLAIMING A COMMISSION OR OTHER FORM OF COMPENSATION BY
VIRTUE OF HAVING DEALT WITH TENANT WITH REGARD TO THIS LEASING TRANSACTION.
J.
IF AND WHEN INCLUDED WITHIN THE TERM "LANDLORD", AS USED IN THIS
INSTRUMENT, THERE IS MORE THAN ONE PERSON, FIRM OR CORPORATION, ALL SHALL
JOINTLY ARRANGE AMONG THEMSELVES FOR THEIR JOINT EXECUTION OF A NOTION
SPECIFYING SOME INDIVIDUAL AT SOME SPECIFIC ADDRESS FOR THE RECEIPT OF NOTICES
AND PAYMENTS TO LANDLORD.
IF AND WHEN INCLUDED WITHIN THE TERM "TENANT", AS
USED IN THIS INSTRUMENT, THERE IS MORE THAN ONE PERSON, FIRM OR CORPORATION, ALL
SHALL JOINTLY ARRANGE AMONG THEMSELVES FOR THEIR JOINT EXECUTION AT A NOTICE
SPECIFYING SOME INDIVIDUAL AT SOME SPECIFIC ADDRESS WITHIN THE CONTINENTAL
UNITED STATES FOR THE RECEIPT OF NOTICES AND PAYMENTS TO TENANT.
ALL PARTIES
INCLUDED WITHIN THE TERMS "LANDLORD" AND "TENANT", RESPECTIVELY, SHALL BE BOUND
BY NOTICES GIVEN IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 25 HEREOF TO THE
SAME EFFECT AS IF EACH HAD RECEIVED SUCH NOTICE.
K.
BY TAKING POSSESSION OF THE PREMISES, TENANT SHALL BE DEEMED TO
HAVE: (A) ACKNOWLEDGED THAT THE PREMISES AND THE IMPROVEMENTS TO BE CONSTRUCTED
PURSUANT TO EXHIBIT "C" ATTACHED HERETO ARE SUBSTANTIALLY COMPLETE EXCEPT FOR
"PUNCH LIST" ITEMS (IF ANY) AND ARE ACCEPTED "AS IS" AND "WITH ALL FAULTS"; (B)
ACCEPTED THE PREMISES AS SUITABLE FOR THE PURPOSES FOR WHICH THE PREMISES ARE
LEASED, AND (C) ACKNOWLEDGED THAT THE PREMISES ARE IN A GOOD AND SATISFACTORY
CONDITION.
LANDLORD EXPRESSLY DISCLAIMS, AND TENANT HEREBY WAIVES TO THE FULL
EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTY THAT THE PREMISES OR THE BUILDING
ARE SUITABLE FOR TENANT'S INTENDED COMMERCIAL PURPOSE, AND ANY AND ALL OTHER
IMPLIED WARRANTIES (WHETHER ARISING BY VIRTUE OF STATUTE, CASE LAW OR
OTHERWISE).
THE FOREGOING SHALL NOT BE CONSTRUED TO RELIEVE LANDLORD FROM ITS
OBLIGATIONS WHICH ASS EXPRESSLY SET FORTH IN THIS LEASE.
L.
SUBMISSION OF THIS LEASE SHALL NOT BE DEEMED TO BE A RESERVATION
OF THE PREMISES.
LANDLORD SHALL NOT BE BOUND HEREBY UNTIL ITS DELIVERY TO
TENANT OF AN EXECUTED COPY HEREOF SIGNED BY LANDLORD, ALREADY HAVING BEEN SIGNED
BY TENANT, AND UNTIL SUCH DELIVERY LANDLORD RESERVES THE RIGHT TO EXHIBIT AND
LEASE THE PREMISES TO OTHER PROSPECTIVE TENANTS.
NOTWITHSTANDING ANYTHING
CONTAINED HEREIN TO THE CONTRARY, LANDLORD MAY WITHHOLD DELIVERY OR POSSESSION
OF THE PREMISES FROM TENANT WITH SUCH TIME AS TENANT HAS PAID TO LANDLORD THE
SECURITY DEPOSIT REQUIRED BY PARAGRAPH 2B HEREOF AND