Construction Oversight. Landlord or its Affiliate or agent shall oversee the Tenant Improvements, make disbursements required to be made to Tenant, and coordinate the relationship between the Tenant Improvements, the Building and the Mechanical Systems. In consideration for Landlord’s construction oversight services, Tenant shall pay to Landlord or its designee a construction oversight fee equal to four percent (4%) of the cost of the Tenant Improvements, which fee will be charged against the Construction Allowance. This GUARANTY (“Guaranty”) is given by (“Guarantor”) to BEHRINGER HARVARD , a (“Landlord”), with respect to that certain Lease dated , 200 (“Lease”) by and between Landlord and (“Tenant”), under which Tenant has leased from Landlord certain premises known as Suite in the building located at , Texas To induce Landlord to execute the Lease and for other good and valuable consideration, the receipt and sufficiency of which Guarantor acknowledges, Guarantor promises and agrees as follows: 1. Guarantor absolutely, unconditionally, and irrevocably guarantees the payment and performance of, and will pay and perform as a primary obligor, all of Tenant’s covenants, obligations, liabilities and duties under the Lease (“Guaranteed Obligations”), as if Guarantor had executed the Lease as Tenant. The Guaranteed Obligations include, without limitation, payment of rent and all other amounts required to be paid by Tenant under the Lease. 2. The Guaranteed Obligations are independent of Tenant’s obligations under the Lease. Landlord will not be required to enforce any of the Guaranteed Obligations against Tenant or any other person before seeking enforcing the Guaranteed Obligations against Guarantor. Landlord may bring an action against Guarantor (or, if Guarantor is more than one party, against any or all of the parties who constitute Guarantor) to enforce any Guaranteed Obligations without joining Tenant, any other Guarantor, or any other person in this action. Landlord may join Guarantor in any action commenced by Landlord against Tenant to enforce any of the Guaranteed Obligations and Guarantor waives any demand by Landlord or any prior action by Landlord against Tenant. 3. Landlord is not obligated to apply any Security Deposit, or other deposit or credit against any default or damages under the Lease before bringing any action or pursuing any remedy available to Landlord against Guarantor. Guarantor’s liability under this Guaranty is not affected in any manner by any Security Deposit, or other deposit or credit, or Landlord’s application of any of these amounts against any obligation of Tenant under the Lease. 4. Guarantor waives notice of any of the following, and the Guaranteed Obligations will remain in full force and effect and will not be affected in any way by either: (a) Any forbearance, indulgence, compromise, settlement or variation of terms which may be extended to Tenant by Landlord; (b) Any modification, amendment or alteration of the Lease, whether prior or subsequent to Lease execution, including any renewal or extension of the Lease, expansion or contraction of the Premises leased; (c) Any subletting of the premises demised under the Lease or any assignment of Tenant’s interest in the Lease; (d) Any termination of the Lease to the extent that Tenant remains liable under the Lease after such termination; (e) The release by Landlord of any party (other than Guarantor) obligated for the Guaranteed Obligations or Landlord’s acquisition, release, return or misapplication of any other collateral (including limitation, any other guaranties) given now or later as additional security for the Guaranteed Obligations; (f) The release or discharge of Tenant in any creditors, receivership, bankruptcy or other proceedings; (g) The impairment, limitation or modification of the liability of Tenant or the estate of Tenant in bankruptcy, or of any remedy for the enforcement of Tenant’s liability under the Lease, resulting from the operation of any present or future provision of the Federal Bankruptcy Code or other statute, or from any court decision; (h) The rejection or disaffirmance of the Lease in any proceeding described in (g); or (i) Tenant’s death or any disability, or any other defense of Tenant. 5. Guarantor waives notice of acceptance of this Guaranty and all other notices in connection with this Guaranty or the Guaranteed Obligations, including notices of default by Tenant under the Lease, and waives diligence, presentment and suit by Landlord in the enforcement of any Guaranteed Obligations. 6. Until all Guaranteed Obligations are fully performed and observed, Guarantor has no right of subrogation and waives any right to enforce any remedy against Tenant for any payments or acts performed by Guarantor under this Guaranty, and Guarantor subordinates any liability or indebtedness of Tenant now or later held by Guarantor to the obligations of Tenant to Landlord under the Lease. 7. Guarantor will pay Landlord’s reasonable costs and attorneys’ fees incurred in successfully enforcing Guarantor’s obligations under this Guaranty in any action or proceeding to which Landlord is a party. In any action brought under this Guaranty, Guarantor submits to the jurisdiction of the courts of the State of Texas, and to venue in any state or federal court having jurisdiction in Dallas County, Texas. 8. Guarantor waives trial by jury in any action, proceeding or counterclaim brought by either party against the other concerning any matter related to this Guaranty.
Appears in 1 contract
Samples: Limited Partnership Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Construction Oversight. Tenant shall provide all project management and oversight of Tenant’s Work necessary for Tenant to perform its obligations hereunder. Landlord and/or its property manager (or its Affiliate designee) shall be given the schedule for all project meetings and shall have the right to attend all such meetings. Landlord and Landlord’s agents shall have the right, but not the obligation, to inspect the construction of Tenant’s Work as provided in Article 9(B) of the Lease. However, neither the right herein granted to Landlord to make such inspections, nor the making of such inspections by Landlord, shall operate as a waiver of any rights of Landlord to require good and workmanlike performance of all Tenant’s Work in accordance with the requirements of this Work Letter. Notwithstanding any inspection or agent shall oversee the acceptance by Landlord of Tenant’s Work, or any portion thereof, Tenant Improvements, make disbursements required acknowledges that Landlord’s sole interest in doing so is to be made to Tenant, and coordinate the relationship between the Tenant Improvements, protect the Building and the Mechanical Systems. In consideration for Landlord’s construction oversight servicesinterests. Accordingly, Tenant shall pay to not rely upon Landlord’s inspections or approvals, and agrees that Landlord shall not be the guarantor of, nor responsible for, any of Tenant’s Work. Tenant shall be solely responsible for, and shall remedy, at Tenant’s sole expense, any and all defects in Tenant’s Work that may appear during or its designee a construction oversight fee equal to four percent (4%) after the completion thereof, whether the same shall affect the Second Expansion Premises in particular or any part of the cost of Building in general. It is hereby agreed among the Tenant Improvements, which fee will be charged against the Construction Allowance. This GUARANTY (“Guaranty”) is given by (“Guarantor”) to BEHRINGER HARVARD , a (“Landlord”), with respect parties to that certain Sixth Amendment to Lease dated , 200 20 , for Suite , in the building located at 000 XX Xxxxx Xxxxxx, Xxxxxxxx, Xxxxxx (the “Lease”) by and between Landlord and New Relic, Inc. (“Tenant”), under which Tenant has leased from Landlord certain premises known as Suite in the building located at , Texas To induce Landlord to execute the Lease and for other good and valuable consideration, the receipt and sufficiency of which Guarantor acknowledges, Guarantor promises and agrees as follows000 XX 0xx Xxxxxx Investors LLC (“Landlord”) that:
1. Guarantor absolutely, unconditionally, and irrevocably guarantees the payment and performance of, and will pay and perform as a primary obligor, all of Tenant’s covenants, obligations, liabilities and duties under the Lease (“Guaranteed Obligations”), as if Guarantor had executed the Lease as Tenant. The Guaranteed Obligations include, without limitation, payment of rent and all other amounts required to be paid by Tenant under the LeaseSecond Expansion Effective Date is .
2. The Guaranteed Obligations are independent Extended Expiration Date of Tenantthe Extension Term is . Tenant hereby acknowledges that the Second Expansion Premises has been delivered in accordance with Landlord’s obligations under for the Lease. Landlord will not be required to enforce any delivery of the Guaranteed Obligations against Tenant or any other person before seeking enforcing the Guaranteed Obligations against Guarantor. Landlord may bring an action against Guarantor (or, if Guarantor is more than one party, against any or all of the parties who constitute Guarantor) to enforce any Guaranteed Obligations without joining Tenant, any other Guarantor, or any other person in this action. Landlord may join Guarantor in any action commenced by Landlord against Tenant to enforce any of the Guaranteed Obligations and Guarantor waives any demand by Landlord or any prior action by Landlord against Tenant.
3. Landlord is not obligated to apply any Security Deposit, or other deposit or credit against any default or damages under the Lease before bringing any action or pursuing any remedy available to Landlord against Guarantor. Guarantor’s liability under this Guaranty is not affected in any manner by any Security Deposit, or other deposit or credit, or Landlord’s application of any of these amounts against any obligation of Tenant Second Expansion Premises under the Lease.
4. Guarantor waives notice of any of the following, and the Guaranteed Obligations will remain in full force and effect and will not be affected in any way by either:
(a) Any forbearance, indulgence, compromise, settlement or variation of terms which may be extended to Tenant by Landlord;
(b) Any modification, amendment or alteration of the Lease, whether prior or subsequent to Lease execution, including any renewal or extension of the Lease, expansion or contraction of the Premises leased;
(c) Any subletting of the premises demised under the Lease or any assignment of Tenant’s interest in the Lease;
(d) Any termination of the Lease to the extent that Tenant remains liable under the Lease after such termination;
(e) The release by Landlord of any party (other than Guarantor) obligated for the Guaranteed Obligations or Landlord’s acquisition, release, return or misapplication of any other collateral (including limitation, any other guaranties) given now or later as additional security for the Guaranteed Obligations;
(f) The release or discharge of Tenant in any creditors, receivership, bankruptcy or other proceedings;
(g) The impairment, limitation or modification of the liability of Tenant or the estate of Tenant in bankruptcy, or of any remedy for the enforcement of Tenant’s liability under the Lease, resulting from the operation of any present or future provision of the Federal Bankruptcy Code or other statute, or from any court decision;
(h) The rejection or disaffirmance of the Lease in any proceeding described in (g); or
(i) Tenant’s death or any disability, or any other defense of Tenant.
5. Guarantor waives notice of acceptance of this Guaranty and all other notices in connection with this Guaranty or the Guaranteed Obligations, including notices of default by Tenant under the Lease, and waives diligence, presentment and suit by Landlord in the enforcement of any Guaranteed Obligations.
6. Until all Guaranteed Obligations are fully performed and observed, Guarantor has no right of subrogation and waives any right to enforce any remedy against Tenant for any payments or acts performed by Guarantor under this Guaranty, and Guarantor subordinates any liability or indebtedness of Tenant now or later held by Guarantor to the obligations of Tenant to Landlord under the Lease.
7. Guarantor will pay Landlord’s reasonable costs and attorneys’ fees incurred in successfully enforcing Guarantor’s obligations under this Guaranty in any action or proceeding to which Landlord is a party. In any action brought under this Guaranty, Guarantor submits to the jurisdiction of the courts of the State of Texas, and to venue in any state or federal court having jurisdiction in Dallas County, Texas.
8. Guarantor waives trial by jury in any action, proceeding or counterclaim brought by either party against the other concerning any matter related to this Guaranty.
Appears in 1 contract
Samples: Lease (New Relic, Inc.)
Construction Oversight. Tenant shall provide all project management and oversight of Tenant’s Work necessary for Tenant to perform its obligations hereunder. Landlord and/or its property manager (or its Affiliate designee) shall be given the schedule for all project meetings and shall have the right to attend all such meetings. Landlord and Landlord’s agents shall have the right, but not the obligation, to inspect the construction of Tenant’s Work as provided in Article 9(B) of the Lease. However, neither the right herein granted to Landlord to make such inspections, nor the making of such inspections by Landlord, shall operate as a waiver of any rights of Landlord to require good and workmanlike performance of all Tenant’s Work in accordance with the requirements of this Work Letter. Notwithstanding any inspection or agent shall oversee the acceptance by Landlord of Tenant’s Work, or any portion thereof, Tenant Improvements, make disbursements required acknowledges that Landlord’s sole interest in doing so is to be made to Tenant, and coordinate the relationship between the Tenant Improvements, protect the Building and the Mechanical Systems. In consideration for Landlord’s construction oversight servicesinterests. Accordingly, Tenant shall pay to not rely upon Landlord’s inspections or approvals, and agrees that Landlord shall not be the guarantor of, nor responsible for, any of Tenant’s Work. Tenant shall be solely responsible for, and shall remedy, at Tenant’s sole expense, any and all defects in Tenant’s Work that may appear during or its designee a construction oversight fee equal to four percent (4%) after the completion thereof, whether the same shall affect the Fourth Expansion Premises in particular or any part of the cost of Building in general. 3 – EXHIBIT A It is hereby agreed among the Tenant Improvements, which fee will be charged against the Construction Allowance. This GUARANTY (“Guaranty”) is given by (“Guarantor”) to BEHRINGER HARVARD , a (“Landlord”), with respect parties to that certain Seventh Amendment to Lease dated __________, 200 2017 (the “Lease”) by and between Landlord and New Relic, Inc. (“Tenant”), under which Tenant has leased from Landlord certain premises known as Suite in the building located at , Texas To induce Landlord to execute the Lease and for other good and valuable consideration, the receipt and sufficiency of which Guarantor acknowledges, Guarantor promises and agrees as follows:
1. Guarantor absolutely, unconditionally, and irrevocably guarantees the payment and performance of, and will pay and perform as a primary obligor, all of Tenant’s covenants, obligations, liabilities and duties under the Lease 000 XX 0xx Xxxxxx Investors LLC (“Guaranteed ObligationsLandlord”), as if Guarantor had executed ) that the Lease as TenantFourth Expansion Effective Date is __________. The Guaranteed Obligations include, without limitation, payment Tenant hereby acknowledges that the Fourth Expansion Premises have been delivered in accordance with Landlord’s obligations for the delivery of rent and all other amounts required to be paid by Tenant the Fourth Expansion Premises under the Lease.
2. The Guaranteed Obligations are independent of Tenant’s obligations under the Lease. Landlord will not be required to enforce any of the Guaranteed Obligations against Tenant or any other person before seeking enforcing the Guaranteed Obligations against Guarantor. Landlord may bring an action against Guarantor (or, if Guarantor is more than one party, against any or all of the parties who constitute Guarantor) to enforce any Guaranteed Obligations without joining Tenant, any other Guarantor, or any other person in this action. Landlord may join Guarantor in any action commenced by Landlord against Tenant to enforce any of the Guaranteed Obligations and Guarantor waives any demand by Landlord or any prior action by Landlord against Tenant.
3. Landlord is not obligated to apply any Security Deposit, or other deposit or credit against any default or damages under the Lease before bringing any action or pursuing any remedy available to Landlord against Guarantor. Guarantor’s liability under this Guaranty is not affected in any manner by any Security Deposit, or other deposit or credit, or Landlord’s application of any of these amounts against any obligation of Tenant under the Lease.
4. Guarantor waives notice of any of the following, and the Guaranteed Obligations will remain in full force and effect and will not be affected in any way by either:
(a) Any forbearance, indulgence, compromise, settlement or variation of terms which may be extended to Tenant by Landlord;
(b) Any modification, amendment or alteration of the Lease, whether prior or subsequent to Lease execution, including any renewal or extension of the Lease, expansion or contraction of the Premises leased;
(c) Any subletting of the premises demised under the Lease or any assignment of Tenant’s interest in the Lease;
(d) Any termination of the Lease to the extent that Tenant remains liable under the Lease after such termination;
(e) The release by Landlord of any party (other than Guarantor) obligated for the Guaranteed Obligations or Landlord’s acquisition, release, return or misapplication of any other collateral (including limitation, any other guaranties) given now or later as additional security for the Guaranteed Obligations;
(f) The release or discharge of Tenant in any creditors, receivership, bankruptcy or other proceedings;
(g) The impairment, limitation or modification of the liability of Tenant or the estate of Tenant in bankruptcy, or of any remedy for the enforcement of Tenant’s liability under the Lease, resulting from the operation of any present or future provision of the Federal Bankruptcy Code or other statute, or from any court decision;
(h) The rejection or disaffirmance of the Lease in any proceeding described in (g); or
(i) Tenant’s death or any disability, or any other defense of Tenant.
5. Guarantor waives notice of acceptance of this Guaranty and all other notices in connection with this Guaranty or the Guaranteed Obligations, including notices of default by Tenant under the Lease, and waives diligence, presentment and suit by Landlord in the enforcement of any Guaranteed Obligations.
6. Until all Guaranteed Obligations are fully performed and observed, Guarantor has no right of subrogation and waives any right to enforce any remedy against Tenant for any payments or acts performed by Guarantor under this Guaranty, and Guarantor subordinates any liability or indebtedness of Tenant now or later held by Guarantor to the obligations of Tenant to Landlord under the Lease.
7. Guarantor will pay Landlord’s reasonable costs and attorneys’ fees incurred in successfully enforcing Guarantor’s obligations under this Guaranty in any action or proceeding to which Landlord is a party. In any action brought under this Guaranty, Guarantor submits to the jurisdiction of the courts of the State of Texas, and to venue in any state or federal court having jurisdiction in Dallas County, Texas.
8. Guarantor waives trial by jury in any action, proceeding or counterclaim brought by either party against the other concerning any matter related to this Guaranty.
Appears in 1 contract
Samples: Lease (New Relic, Inc.)
Construction Oversight. Landlord or and its Affiliate or agent property manager shall oversee have the Tenant Improvementsright to conduct such construction oversight, make disbursements required to be made to Tenantas desired, and coordinate for this purpose shall at all times have access to the relationship between Premises. Landlord and/or its property manager (or designee) shall be given the schedule for all project meetings and shall have the right to attend all such meetings. Landlord and Landlord’s agents shall have the right, but not the obligation, to inspect the construction of Tenant’s Work from time to time during the progress thereof. If Landlord shall give Tenant Improvementswritten notice of faulty construction or any deviation from the Final Plans (except as approved in writing by Landlord), Tenant shall promptly make the necessary corrections to Landlord’s reasonable satisfaction. However, neither the right herein granted to Landlord to make such inspections, nor the making of such inspections by Landlord, shall operate as a waiver of any rights of Landlord to require good and workmanlike performance of all Tenant’s Work in accordance with the requirements of this Work Letter. Notwithstanding any inspection or acceptance by Landlord of Tenant’s Work, or any portion thereof, Tenant acknowledges that Landlord’s sole interest in doing so is to protect the Building and the Mechanical Systems. In consideration for Landlord’s construction oversight servicesinterests. Accordingly, Tenant shall pay to not rely upon Landlord’s inspections or approvals, and agrees that Landlord shall not be the guarantor of, nor responsible for, any of Tenant’s Work, Tenant shall be solely responsible for, and shall remedy, at Tenant’s sole expense, any and all defects in Tenant’s Work that may appear during or its designee a construction oversight fee equal to four percent (4%) after the completion thereof, whether the same shall affect the Premises in particular or any part of the cost of the Tenant Improvements, which fee will be charged against the Construction Allowance. This GUARANTY (“Guaranty”) is given by (“Guarantor”) to BEHRINGER HARVARD , a (“Landlord”), with respect to that certain Lease dated , 200 (“Lease”) by and between Landlord and (“Tenant”), under which Tenant has leased from Landlord certain premises known as Suite Building in the building located at , Texas To induce Landlord to execute the Lease and for other good and valuable consideration, the receipt and sufficiency of which Guarantor acknowledges, Guarantor promises and agrees as follows:general.
4— Exhibit C: Work Letter 1—Exhibit C-1: Initial Space Plan
1. Guarantor absolutelyNo sign, unconditionallyplacard, and irrevocably guarantees picture, advertisement, name or notice (collectively referred to as “Signs”) shall be installed or displayed on any part of the payment and performance ofoutside of the Premises without the prior written consent of the Landlord which consent shall be in Landlord’s sole discretion. All approved Signs shall be printed, and will pay and perform as a primary obligorpainted, all of affixed or inscribed at Tenant’s covenants, obligations, liabilities expense by a person or vendor approved by Landlord and duties under the Lease (“Guaranteed Obligations”), as if Guarantor had executed the Lease as Tenant. The Guaranteed Obligations include, without limitation, payment of rent and all other amounts required to shall be paid removed by Tenant under at Tenant’s expense upon vacating the LeasePremises. Landlord shall have the right to remove any Sign installed or displayed in violation of this rule at Tenant’s expense and without notice.
2. If Landlord objects in writing to any curtains, blinds, shades or screens attached to or hung in or used in connection with any window or door of the Premises, Tenant shall immediately discontinue such use. No awning shall be permitted on any part of the Premises. Tenant shall not place anything or allow anything to be placed against or near any glass partitions or doors or windows which may appear unsightly, in the opinion of Landlord, from outside the Premises.
3. Tenant shall not alter any lock or other access device or install a new or additional lock or access device or bolt on any door of its Premises without the prior written consent of Landlord. Tenant, upon the termination of its tenancy, shall deliver to Landlord the keys or other means of access to all doors.
4. If Tenant requires telephone, data, burglar alarm or similar service, the cost of purchasing, installing and maintaining such service shall be borne solely by Tenant. No boring or cutting for wires will be allowed without the prior written consent of Landlord. Landlord shall direct electricians as to where and how telephone, data, and electrical wires are to be introduced or installed. The Guaranteed Obligations are independent location of Tenant’s obligations under burglar alarms, telephones, call boxes or other office equipment affixed to the LeasePremises shall be subject to the prior written approval of Landlord.
5. Tenant shall not place a load upon any floor of its Premises, including mezzanine area, if any, which exceeds the load per square foot that such floor was designed to carry and that is allowed by law. Heavy objects shall stand on such platforms as determined by Landlord to be necessary to properly distribute the weight. Landlord will not be required responsible for loss of or damage to enforce any such equipment or other property from any cause, and all damage done to the Project by maintaining or moving such equipment or other property shall be repaired at the expense of Tenant.
6. Tenant shall not install any radio or television antenna, satellite dish, loudspeaker or other device on the roof or exterior walls of the Guaranteed Obligations against Project without Landlord’s prior written consent which consent shall be in Landlord’s sole discretion.
7. Tenant shall not xxxx, drive nails, screw or drill into the partitions, woodwork, plaster or drywall (except for pictures and general office uses) or in any way deface the Premises or any part thereof. Tenant shall not affix any floor covering to the floor of the Premises or paint or seal any floors in any manner except as approved by Landlord. Tenant shall repair any damage resulting from noncompliance with this rule.
1— Exhibit D: Rules and Regulations
8. No cooking shall be done or permitted on the Premises, except that Underwriters’ Laboratory approved microwave ovens or equipment for brewing coffee, tea, hot chocolate and similar beverages shall be permitted, provided that such equipment and use is in accordance with all applicable federal, state and city laws, codes, ordinances, rules and regulations.
9. Tenant shall not use any hand trucks except those equipped with the rubber tires and side guards, and may use such other person before seeking enforcing material-handling equipment as Landlord may approve. Tenant shall not bring any other vehicles of any kind into the Guaranteed Obligations against GuarantorPremises. Forklifts which operate on asphalt area shall only use tires that do not damage the asphalt.
10. Tenant shall not use the name of the Project or any photograph or other likeness of the Project in connection with or in promoting or advertising Tenant’s business except that Tenant may include the Project name in Tenant’s address. Landlord may bring an action against Guarantor (orshall have the right, if Guarantor is more than one partyexercisable without notice and without liability to any tenant, against any or all to change the name and address of the parties who constitute Guarantor) to enforce any Guaranteed Obligations without joining Tenant, any other Guarantor, or any other person Project.
11. The Project receptacles are for office-generated waste only. All office-generated trash and refuse shall be contained in this action. Landlord may join Guarantor in any action commenced suitable receptacles at locations approved by Landlord against and the receptacle lids must be closed after each use. All cardboard items shall be broken down before being placed in the Project recycling container. Tenant to enforce shall not place in the trash receptacles any personal trash or material that cannot be disposed of in the Guaranteed Obligations ordinary and Guarantor waives customary manner of removing such trash without violation of any demand law or ordinance governing such disposal. Tenant’s trash and refuse containers shall be stored inside the Premises.
12. Tenant shall comply with all safety, fire protection and evacuation procedures and regulations established by Landlord or any prior action governing authority.
13. Tenant assumes all responsibility for securing and protecting its Premises and its contents including keeping doors locked and other means of entry to the Premises closed.
14. Tenant shall not use any method of heating or air conditioning other than that supplied by Landlord against Tenantwithout Landlord’s prior written consent.
315. Landlord is not obligated to apply any Security Deposit, or other deposit or credit against any default or damages under No person shall go on the Lease before bringing any action or pursuing any remedy available to Landlord against Guarantor. Guarantor’s liability under this Guaranty is not affected in any manner by any Security Deposit, or other deposit or credit, or roof without Landlord’s application of any of these amounts against any obligation of Tenant under the Leasepermission.
416. Guarantor waives notice of Tenant shall not permit any animals, other than seeing-eye dogs, to be brought or kept in or about the Premises or any common area of the followingProject.
17. Tenant shall not permit any motor vehicles to be washed or mechanical work or maintenance of motor vehicles to be performed on any portion of the Project or parking lot.
18. These Rules and Regulations are in addition to, and the Guaranteed Obligations will remain in full force and effect and will shall not be affected construed to in any way by either:
(a) Any forbearancemodify or amend, indulgencein whole or in part, compromisethe terms, settlement or variation covenants, agreements and conditions of terms which may be extended to Tenant by Landlord;
(b) Any modification, amendment or alteration any lease of the Lease, whether prior or subsequent to Lease execution, including any renewal or extension of the Lease, expansion or contraction of the Premises leased;
(c) Any subletting of the premises demised under the Lease or any assignment of Tenant’s interest in the Lease;
(d) Any termination Project. Landlord may waive any one or more of these Rules and Regulations for the Lease to the extent that Tenant remains liable under the Lease after benefit of any tenant or tenants, and any such termination;
(e) The release waiver by Landlord shall not be construed as a waiver of any party (other than Guarantor) obligated for the Guaranteed Obligations or Landlord’s acquisition, release, return or misapplication of any other collateral (including limitation, any other guaranties) given now or later as additional security for the Guaranteed Obligations;
(f) The release or discharge of Tenant in any creditors, receivership, bankruptcy or other proceedings;
(g) The impairment, limitation or modification of the liability of Tenant or the estate of Tenant in bankruptcy, or of any remedy for the enforcement of Tenant’s liability under the Lease, resulting from the operation of any present or future provision of the Federal Bankruptcy Code or other statute, or from any court decision;
(h) The rejection or disaffirmance of the Lease in any proceeding described in (g); or
(i) Tenant’s death or any disability, or any other defense of Tenant.
5. Guarantor waives notice of acceptance of this Guaranty such Rules and all other notices in connection with this Guaranty or the Guaranteed Obligations, including notices of default by Tenant under the Lease, and waives diligence, presentment and suit by Landlord in the enforcement of any Guaranteed Obligations.
6. Until all Guaranteed Obligations are fully performed and observed, Guarantor has no right of subrogation and waives any right to enforce any remedy against Tenant Regulations for any payments or acts performed by Guarantor under this Guaranty, and Guarantor subordinates any liability or indebtedness of Tenant now or later held by Guarantor to the obligations of Tenant to Landlord under the Leaseall tenants.
7. Guarantor will pay Landlord’s reasonable costs and attorneys’ fees incurred in successfully enforcing Guarantor’s obligations under this Guaranty in any action or proceeding to which Landlord is a party. In any action brought under this Guaranty, Guarantor submits to the jurisdiction of the courts of the State of Texas, and to venue in any state or federal court having jurisdiction in Dallas County, Texas.
8. Guarantor waives trial by jury in any action, proceeding or counterclaim brought by either party against the other concerning any matter related to this Guaranty.
Appears in 1 contract
Construction Oversight. Landlord or and its Affiliate or agent property manager shall oversee have the Tenant Improvementsright to conduct such construction oversight, make disbursements required to be made to Tenantas desired, and coordinate for this purpose shall at all times have access to the relationship between Premises. Landlord and/or its property manager (or designee) shall be given the schedule for all project meetings and shall have the right to attend all such meetings. Landlord and Landlord’s agents shall have the right, but not the obligation, to inspect the construction of Tenant’s Work from time to time during the progress thereof. If Landlord shall give Tenant Improvementswritten notice of faulty construction or any deviation from the Final Plans (except as approved in writing by Landlord), Tenant shall promptly make the necessary corrections to Landlord’s reasonable satisfaction. However, neither the right herein granted to Landlord to make such inspections, nor the making of such inspections by Landlord, shall operate as a waiver of any rights of Landlord to require good and workmanlike performance of all Tenant’s Work in accordance with the requirements of this Work Letter. Notwithstanding any inspection or acceptance by Landlord of Tenant’s Work, or any portion thereof, Tenant acknowledges that Landlord’s sole interest in doing so is to protect the Building and the Mechanical Systems. In consideration for Landlord’s construction oversight servicesinterests. Accordingly, Tenant shall pay to Landlord not rely upon Landlord’s inspections or its designee a construction oversight fee equal to four percent (4%) of the cost of the Tenant Improvementsapprovals, which fee will be charged against the Construction Allowance. This GUARANTY (“Guaranty”) is given by (“Guarantor”) to BEHRINGER HARVARD , a (“Landlord”), with respect to that certain Lease dated , 200 (“Lease”) by and between Landlord and (“Tenant”), under which Tenant has leased from Landlord certain premises known as Suite in the building located at , Texas To induce Landlord to execute the Lease and for other good and valuable consideration, the receipt and sufficiency of which Guarantor acknowledges, Guarantor promises and agrees as follows:
1. Guarantor absolutely, unconditionally, and irrevocably guarantees that Landlord shall not be the payment and performance guarantor of, and will pay and perform as a primary obligornor responsible for, all any of Tenant’s covenantsWork. Tenant shall be solely responsible for, obligationsand shall remedy, liabilities and duties under the Lease (“Guaranteed Obligations”)at Tenant’s sole expense, as if Guarantor had executed the Lease as Tenant. The Guaranteed Obligations include, without limitation, payment of rent any and all other amounts required to be paid by Tenant under the Lease.
2. The Guaranteed Obligations are independent of defects in Tenant’s obligations under Work that may appear during or after the Lease. Landlord will not be required to enforce completion thereof, whether the same shall affect the Premises in particular or any part of the Guaranteed Obligations against Tenant or any other person before seeking enforcing the Guaranteed Obligations against Guarantor. Landlord may bring an action against Guarantor (or, if Guarantor is more than one party, against any or all of the parties who constitute Guarantor) to enforce any Guaranteed Obligations without joining Tenant, any other Guarantor, or any other person Building in this action. Landlord may join Guarantor in any action commenced by Landlord against Tenant to enforce any of the Guaranteed Obligations and Guarantor waives any demand by Landlord or any prior action by Landlord against Tenantgeneral.
3. Landlord is not obligated to apply any Security Deposit, or other deposit or credit against any default or damages under the Lease before bringing any action or pursuing any remedy available to Landlord against Guarantor. Guarantor’s liability under this Guaranty is not affected in any manner by any Security Deposit, or other deposit or credit, or Landlord’s application of any of these amounts against any obligation of Tenant under the Lease.
4. Guarantor waives notice of any of the following, and the Guaranteed Obligations will remain in full force and effect and will not be affected in any way by either:
(a) Any forbearance, indulgence, compromise, settlement or variation of terms which may be extended to Tenant by Landlord;
(b) Any modification, amendment or alteration of the Lease, whether prior or subsequent to Lease execution, including any renewal or extension of the Lease, expansion or contraction of the Premises leased;
(c) Any subletting of the premises demised under the Lease or any assignment of Tenant’s interest in the Lease;
(d) Any termination of the Lease to the extent that Tenant remains liable under the Lease after such termination;
(e) The release by Landlord of any party (other than Guarantor) obligated for the Guaranteed Obligations or Landlord’s acquisition, release, return or misapplication of any other collateral (including limitation, any other guaranties) given now or later as additional security for the Guaranteed Obligations;
(f) The release or discharge of Tenant in any creditors, receivership, bankruptcy or other proceedings;
(g) The impairment, limitation or modification of the liability of Tenant or the estate of Tenant in bankruptcy, or of any remedy for the enforcement of Tenant’s liability under the Lease, resulting from the operation of any present or future provision of the Federal Bankruptcy Code or other statute, or from any court decision;
(h) The rejection or disaffirmance of the Lease in any proceeding described in (g); or
(i) Tenant’s death or any disability, or any other defense of Tenant.
5. Guarantor waives notice of acceptance of this Guaranty and all other notices in connection with this Guaranty or the Guaranteed Obligations, including notices of default by Tenant under the Lease, and waives diligence, presentment and suit by Landlord in the enforcement of any Guaranteed Obligations.
6. Until all Guaranteed Obligations are fully performed and observed, Guarantor has no right of subrogation and waives any right to enforce any remedy against Tenant for any payments or acts performed by Guarantor under this Guaranty, and Guarantor subordinates any liability or indebtedness of Tenant now or later held by Guarantor to the obligations of Tenant to Landlord under the Lease.
7. Guarantor will pay Landlord’s reasonable costs and attorneys’ fees incurred in successfully enforcing Guarantor’s obligations under this Guaranty in any action or proceeding to which Landlord is a party. In any action brought under this Guaranty, Guarantor submits to the jurisdiction of the courts of the State of Texas, and to venue in any state or federal court having jurisdiction in Dallas County, Texas.
8. Guarantor waives trial by jury in any action, proceeding or counterclaim brought by either party against the other concerning any matter related to this Guaranty.
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