BE CONSIDERED TO BE THE ONLY AGREEMENT
BETWEEN THE PARTIES HERETO AND THEIR REPRESENTATIVES AND AGENTS, AND NONE OF THE
TERMS, COVENANTS, CONDITIONS OR PROVISIONS OF THIS LEASE CAN BE MODIFIED,
DELETED OR ADDED TO EXCEPT IN WRITING SIGNED BY THE PARTIES HERETO.
ALL
NEGOTIATIONS AND ORAL AGREEMENTS ACCEPTABLE TO BOTH PARTIES HAVE BEEN MERGED
INTO AND ARE INCLUDED HEREIN.
THERE ARE NO OTHER REPRESENTATIONS OR WARRANTIES
BETWEEN THE PARTIES, AND ALL RELIANCE WITH RESPECT TO REPRESENTATIONS IS BASED
TOTALLY UPON THE REPRESENTATIONS AND AGREEMENTS CONTAINED IN THIS LEASE.
26.16
RIGHT TO LEASE.
SUBJECT TO TENANT'S RIGHT OF FIRST OFFER IN
SECTION 1.4 ABOVE, AND THE PROVISIONS OF SECTION 26.26 BELOW, LANDLORD RESERVES
THE ABSOLUTE RIGHT TO EFFECT SUCH OTHER TENANCIES IN THE BUILDING, THE OTHER
EXISTING BUILDINGS AND/OR ANY OTHER PORTION OF THE REAL PROPERTY OWNED BY
LANDLORD AS LANDLORD IN THE EXERCISE OF ITS SOLE BUSINESS JUDGMENT SHALL
DETERMINE TO BEST PROMOTE THE INTERESTS OF THE REAL PROPERTY.
TENANT DOES NOT
RELY ON THE FACT, NOR DOES LANDLORD REPRESENT, THAT ANY SPECIFIC TENANT OR TYPE
OR NUMBER OF TENANTS SHALL, DURING THE LEASE TERM, OCCUPY ANY SPACE IN THE REAL
PROPERTY.
56
26.17
FORCE MAJEURE.
ANY PREVENTION, DELAY OR STOPPAGE DUE TO STRIKES,
LOCKOUTS, LABOR DISPUTES, RAIN OR OTHER INCLEMENT WEATHER, ACTS OF GOD,
INABILITY TO OBTAIN SERVICES, LABOR, OR MATERIALS OR REASONABLE SUBSTITUTES
THEREFOR, GOVERNMENTAL ACTIONS OR INACTIONS, INCLUDING, WITHOUT LIMITATION, ANY
DELAYS IN OBTAINING PERMITS OR APPROVALS FROM THE APPLICABLE GOVERNMENTAL
AUTHORITIES, CIVIL COMMOTIONS, FIRE OR OTHER CASUALTY, AND OTHER CAUSES BEYOND
THE REASONABLE CONTROL OF THE PARTY OBLIGATED TO PERFORM, EXCEPT WITH RESPECT TO
THE OBLIGATIONS IMPOSED ON TENANT UNDER THE TENANT WORK LETTER (UNLESS AND TO
THE EXTENT TI FORCE MAJEURE DELAYS EXTEND THE LEASE COMMENCEMENT DATE AS
SPECIFICALLY PROVIDED AND SUBJECT TO THE RESTRICTIONS CONTAINED IN SECTION 4.6
OF THE TENANT WORK LETTER) OR WITH REGARD TO RENT AND OTHER CHARGES TO BE PAID
BY TENANT PURSUANT TO THIS LEASE, OR MONETARY AMOUNTS REQUIRED TO BE PAID BY
LANDLORD PURSUANT TO THIS LEASE (COLLECTIVELY, THE "FORCE MAJEURE"),
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, SHALL EXCUSE
THE PERFORMANCE OF SUCH PARTY FOR A PERIOD EQUAL TO ANY SUCH PREVENTION, DELAY
OR STOPPAGE AND, THEREFORE, IF THIS LEASE SPECIFIES A TIME PERIOD FOR
PERFORMANCE OF AN OBLIGATION OF EITHER PARTY, THAT TIME PERIOD SHALL BE EXTENDED
BY THE PERIOD OF ANY DELAY IN SUCH PARTY'S PERFORMANCE CAUSED BY A FORCE
MAJEURE.
26.18
NOTICES.
ALL NOTICES, DEMANDS, STATEMENTS OR COMMUNICATIONS
(COLLECTIVELY, "NOTICES") GIVEN OR REQUIRED TO BE GIVEN BY EITHER PARTY TO THE
OTHER HEREUNDER SHALL BE IN WRITING, SHALL BE SENT BY UNITED STATES CERTIFIED OR
REGISTERED MAIL, POSTAGE PREPAID, RETURN RECEIPT REQUESTED, OR DELIVERED
PERSONALLY OR SENT BY NATIONALLY RECOGNIZED OVERNIGHT COURIER (I) TO TENANT AT
THE APPROPRIATE ADDRESS SET FORTH IN SECTION 5 OF THE SUMMARY, OR TO SUCH OTHER
PLACE AS TENANT MAY FROM TIME TO TIME DESIGNATE IN A NOTICE TO LANDLORD; OR
(II) TO LANDLORD AT