BE EFFECTIVE UNTIL, THE ASSIGNEE SHALL EXECUTE,
ACKNOWLEDGE AND DELIVER TO LESSOR AN AGREEMENT, IN FORM AND SUBSTANCE REASONABLY
SATISFACTORY TO LESSOR, WHEREBY THE ASSIGNEE SHALL ASSUME THE OBLIGATIONS OF
THIS LEASE ON THE PART OF THE LESSEE TO BE PERFORMED OR OBSERVED.
SECTION 17.06
SHALL CONTINUE IN EFFECT AS TO ANY SUCH ASSIGNEE.
ARTICLE EIGHTEEN
ENTIRE AGREEMENT
SECTION 18.01.
IT IS EXPRESSLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES HERETO THAT THIS LEASE SETS FORTH ALL THE PROMISES, AGREEMENTS,
CONDITIONS AND UNDERSTANDINGS BETWEEN
24
LESSOR AND LESSEE WITH RESPECT TO THE DEMISED PREMISES, AND THAT THERE ARE NO
PROMISES, AGREEMENTS, CONDITIONS OR UNDERSTANDINGS, EITHER ORAL OR WRITTEN,
BETWEEN THEM OTHER THAN AS ARE HEREIN SET FORTH. IT IS FURTHER UNDERSTOOD AND
AGREED THAT NO SUBSEQUENT ALTERATION, AMENDMENT, CHANGE OR ADDITION TO THIS
LEASE SHALL BE BINDING UPON LESSOR OR LESSEE UNLESS REDUCED TO WRITING AND
SIGNED BY THEM.
ARTICLE NINETEEN
EXCAVATIONS ON ADJOINING PROPERTY
SECTION 19.01.
IF ANY EXCAVATION OR OTHER BUILDING OPERATION SHALL BE
ABOUT TO BE MADE OR SHALL BE MADE UPON ANY ADJOINING PREMISES OR STREETS, LESSEE
SHALL PERMIT ANY THIRD PERSONS OBLIGATED BY LAW TO PROTECT THE DEMISED PREMISES
AND IMPROVEMENTS, AND THEIR RESPECTIVE REPRESENTATIVES, TO ENTER UPON THE
DEMISED PREMISES AND IMPROVEMENTS AND SHORE THE FOUNDATIONS AND WALLS THEREOF
AND TO DO ANY OTHER ACT OR THING NECESSARY FOR THE SAFETY OR PRESERVATION OF THE
DEMISED PREMISES AND IMPROVEMENTS, SUBJECT TO SUCH REASONABLE CONDITIONS,
INCLUDING INSURANCE AND INDEMNITIES, AS LESSEE SHALL IMPOSE UPON SUCH THIRD
PERSONS AND LESSOR SHALL RECEIVE COPIES OF ALL OF THE FOREGOING.
ARTICLE TWENTY
INTENTIONALLY OMMITTED
ARTICLE TWENTY-ONE
ESTOPPEL CERTIFICATES
SECTION 21.01.
LESSEE AGREES AT ANY TIME AND FROM TIME TO TIME, BUT NOT
MORE FREQUENTLY THAN TWICE EACH CALENDAR YEAR, UPON NOT LESS THAN TEN (10) DAYS'
PRIOR REQUEST BY EITHER, TO EXECUTE, ACKNOWLEDGE AND DELIVER TO THE PARTY
REQUESTING THE SAME A STATEMENT IN WRITING CERTIFYING THAT THIS LEASE IS
UNMODIFIED AND IS IN FULL FORCE AND EFFECT (OR IF THERE HAVE BEEN MODIFICATIONS
THAT THE SAME IS IN FULL FORCE AND EFFECT AS MODIFIED AND STATING THE
MODIFICATIONS), AND THE DATES TO WHICH THE RENT AND OTHER CHARGES HAVE BEEN PAID
IN ADVANCE, IF ANY, IT BEING INTENDED THAT ANY SUCH STATEMENT DELIVERED PURSUANT
TO THIS ARTICLE MAY BE RELIED UPON BY ANY PROSPECTIVE PURCHASER OR MORTGAGEE OF
THE DEMISED PREMISES.
ARTICLE TWENTY-TWO
INTENTIONALLY OMMITTED
ARTICLE TWENTY-THREE
NOTICES
SECTION 23.01.
NOTICES.
ALL NOTICES OR OTHER WRITTEN COMMUNICATIONS
HEREUNDER SHALL BE DEEMED TO HAVE BEEN PROPERLY GIVEN: (I) UPON DELIVERY, IF
DELIVERED IN PERSON, (II) ONE (1) BUSINESS DAY (DEFINED BELOW) AFTER HAVING BEEN
DEPOSITED FOR OVERNIGHT DELIVERY WITH ANY REPUTABLE OVERNIGHT COURIER SERVICE,
OR (III) THREE (3) BUSINESS DAYS AFTER HAVING BEEN DEPOSITED
25
IN ANY POST OFFICE OR MAIL DEPOSITORY REGULARLY MAINTAINED BY THE U.S. POSTAL
SERVICE AND SENT BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, RETURN
RECEIPT REQUESTED, ADDRESSED TO LESSOR OR LESSEE AT THEIR RESPECTIVE ADDRESSES
STATED IN THIS LEASE, OR