Miscellaneous Covenants. 17.01 The Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Leased Premises, and/or claim of injury or damage. In any dispute between the parties relating to the tenancy hereby created, the exclusive forum for any such legal action shall be the Bridgeport, Connecticut, state courthouse, if venue shall be accepted by such court, or the nearest state courthouse to Bridgeport having jurisdiction and venue over the matter. Connecticut law shall apply to all state law matters arising under this Lease. 17.02 The waiver by Landlord of any breach by Tenant of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such rent. No covenant, term or condition of this lease shall be deemed to have been waived by Landlord or Tenant unless such waiver be in writing by Landlord. 17.03 No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy in this Lease provided. 17.04 This Lease and the Exhibits, attached hereto and forming a part hereof, set forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant concerning the Leased Premises and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the parties other than those herein set forth. No subsequent alteration, amendment, change or addition to this lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by the party to be charged. 17.05 If any term, covenant or condition of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be valid and enforced to the fullest extent permitted by law. 17.06 If the Commencement Date is not a date certain, the Commencement Date shall in no event be later than a time which would not violate any applicable rule against perpetuities, determined as if all relevant lives in being ceased as of the date of execution of this Lease. 17.07 In the event that Landlord or Tenant shall be delayed in, hindered in, or prevented from, the performance of any act required hereunder by reason of Force Majeure (except for the payment of money), which shall mean strikes, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party suffering the delay and despite such party's good faith efforts to avoid such Force Majeure, then performance of such act shall be excused for the period of the delay. 17.08 Tenant agrees that the Landlord and Landlord's agents and other representatives shall have the right to enter into and upon the Leased Premises at all reasonable hours, upon reasonable notice, consistent with Tenant's security requirements, (without notice in the case of an emergency) for the purpose of examining the Leased Premises, or making such repairs or alterations therein as may be necessary for the safety and preservation the Project. 17.09 Tenant agrees to permit the Landlord or Landlord's agents to show the Leased Premises to persons wishing to hire or purchase the same upon reasonable notice to Tenant and at reasonable hours. 17.10 Tenant shall not encumber or obstruct the General Common area in the Project, nor allow the same to be obstructed or encumbered in any manner. Landlord shall not obstruct the entrance to the Leased Premises and shall not unreasonably interfere with Tenant's use of the General Common Area. 17.11 The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease shall become effective only upon execution and delivery thereof by Landlord and Tenant. 17.12 Neither party shall record this Lease, but the parties hereto agree to execute a Notice of Lease drawn in accordance with the Connecticut statutes, and the parties agree to execute in recordable form an agreement establishing the specific commencement date of this Lease when the same is ascertainable. 17.13 If there shall be one or more tenants or one or more landlords, each tenant and landlord shall be jointly and severally liable for all of the covenants and obligations of the Tenant and Landlord hereunder, as the case may be, except as express provision may be elsewhere made to the contrary. 17.14 The use of the neuter singular pronoun to refer to Landlord or Tenant shall be deemed a proper reference even though Landlord or Tenant may be an individual, a partnership, a corporation, or a group of two or more individuals or corporations. The necessary grammatical changes required to make the provisions of this Lease apply in the plural sense where there is more than one Landlord or Tenant, or to either corporations, associations, partnerships, or individuals, males or females, shall in all instances be assumed as though in each case fully expressed. 17.15 The headings, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections or articles of this Lease nor in any way affect this Lease.
Appears in 1 contract
Samples: Lease Agreement (Information Management Associates Inc)
Miscellaneous Covenants. 17.01 The Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Leased Premises, and/or claim of injury or damage. In any dispute between the parties relating to the tenancy hereby created, the exclusive forum for any such legal action shall be the Bridgeport, Connecticut, state courthouse, if venue shall be accepted by such court, or federal courthouse in Connecticut nearest the nearest state courthouse to Bridgeport Leased Premises and having jurisdiction and venue over the matter. Connecticut law shall apply to all state law matters arising under this Lease.
17.02 The waiver by Landlord of any breach by Tenant of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such rent. No covenant, term or condition of this lease shall be deemed to have been waived by Landlord or Tenant unless such waiver be in writing by Landlord.
17.03 No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy in this Lease provided.
17.04 This Lease and the Exhibits, attached hereto and forming a part hereof, set forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant concerning the Leased Premises and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the parties other than those herein set forth. No subsequent alteration, amendment, change or addition to this lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by the party to be charged.
17.05 If any term, covenant or condition of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be valid and enforced to the fullest extent permitted by law.
17.06 If the Commencement Date is not a date certain, the Commencement Date shall in no event be later than a time which would not violate any applicable rule against perpetuities, determined as if all relevant lives in being ceased as of the date of execution of this Lease.
17.07 In the event that Landlord or Tenant shall be delayed in, hindered in, or prevented from, the performance of any act required hereunder by reason of Force Majeure (except for the payment of money)Majeure, which shall mean strikes, lock-outslockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party suffering the delay Landlord and despite such party's his good faith efforts to avoid such Force Majeure, then performance of such act shall be excused for the period of the delay.
17.08 Tenant agrees that the Landlord and Landlord's agents and other representatives shall have the right to enter into and upon the Leased Premises at all reasonable hours, upon reasonable notice, consistent with Tenant's security requirements, (without notice in the case of an emergency) for the purpose of examining the Leased Premises, or making such repairs or alterations therein as may be necessary for the safety and preservation of the Project. In the course of any such entry, Landlord will cause the least amount of disruption to Tenant's business and operations as is reasonably possible.
17.09 Tenant agrees to permit the Landlord or Landlord's agents to show the Leased Premises to persons wishing to hire or purchase the same upon reasonable notice to Tenant and at reasonable hours.
17.10 Tenant shall not encumber or obstruct the General Common area in the Project, nor allow the same to be obstructed or encumbered in any manner. Landlord shall not obstruct the entrance to the Leased Premises and shall not unreasonably interfere with Tenant's use of the General Common Area.
17.11 The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease shall become effective only upon execution and delivery thereof by Landlord and Tenant.
17.12 Neither party shall record this Lease, but the parties hereto agree to execute a Notice of Lease drawn in accordance with the Connecticut statutes, and the parties agree to execute in recordable form an agreement establishing the specific commencement date of this Lease when the same is ascertainable.
17.13 If there shall be one or more tenants or one or more landlords, each tenant and landlord shall be jointly and severally liable for all of the covenants and obligations of the Tenant and Landlord hereunder, as the case may be, except as express provision may be elsewhere made to the contrary.
17.14 The use of the neuter singular pronoun to refer to Landlord or Tenant shall be deemed a proper reference even though Landlord or Tenant may be an individual, a partnership, a corporation, or a group of two or more individuals or corporations. The necessary grammatical changes required to make the provisions of this Lease apply in the plural sense where there is more than one Landlord or Tenant, or to either corporations, associations, partnerships, or individuals, males or females, shall in all instances be assumed as though in each case fully expressed.
17.15 The headings, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections or articles of this Lease nor in any way affect this Lease.
Appears in 1 contract
Samples: Lease (Transwitch Corp /De)
Miscellaneous Covenants. 17.01 The Landlord (i) Notwithstanding anything in this Agreement to the contrary, on the initial Advance Closing Date, Lilac New York Corp. delivered, and Tenant hereby waive trial by jury in any actionthe Agent accepted, proceeding or counterclaim brought by either (a) a Mortgage securing $2,500,000 of the parties hereto against outstanding Principal Indebtedness which Mortgage has been filed of record in the other on any matters whatsoever arising out of or appropriate filing office in any way connected with this Lease, the relationship of Landlord jurisdiction where the related Mortgaged Property is located and Tenant, Tenant's use or occupancy (b) a second priority mortgage (substantially similar in form to the Mortgage except to the extent necessary to reflect such priority) securing $1,600,000 of the Leased Premises, and/or claim of injury or damage. In any dispute between the parties relating to the tenancy hereby created, the exclusive forum for any such legal action shall be the Bridgeport, Connecticut, state courthouse, if venue shall be accepted by such court, or the nearest state courthouse to Bridgeport having jurisdiction and venue over the matter. Connecticut law shall apply to all state law matters arising under this Lease.
17.02 The waiver by Landlord of any breach by Tenant of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such rent. No covenant, term or condition of this lease shall be deemed to have been waived by Landlord or Tenant unless such waiver be in writing by Landlord.
17.03 No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy in this Lease provided.
17.04 This Lease and the Exhibits, attached hereto and forming a part hereof, set forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant concerning the Leased Premises and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the parties other than those herein set forth. No subsequent alteration, amendment, change or addition to this lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by the party to be charged.
17.05 If any term, covenant or condition of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be valid and enforced to the fullest extent permitted by law.
17.06 If the Commencement Date is not a date certain, the Commencement Date shall in no event be later than a time which would not violate any applicable rule against perpetuities, determined as if all relevant lives in being ceased as of the date of execution of this Lease.
17.07 In the event that Landlord or Tenant shall be delayed in, hindered in, or prevented from, the performance of any act required hereunder by reason of Force Majeure (except for the payment of money)outstanding Principal Indebtedness, which shall mean strikes, lock-outs, labor troubles, inability to procure materials, failure second priority mortgage has not been filed of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party suffering the delay and despite such party's good faith efforts to avoid such Force Majeure, then performance of such act shall be excused for the period of the delay.
17.08 Tenant agrees that the Landlord and Landlord's agents and other representatives shall have the right to enter into and upon the Leased Premises at all reasonable hours, upon reasonable notice, consistent with Tenant's security requirements, (without notice record but is being held in the case of an emergency) for the purpose of examining the Leased Premises, or making such repairs or alterations therein as may be necessary for the safety and preservation the Project.
17.09 Tenant agrees to permit the Landlord or Landlord's agents to show the Leased Premises to persons wishing to hire or purchase the same upon reasonable notice to Tenant and at reasonable hours.
17.10 Tenant shall not encumber or obstruct the General Common area in the Project, nor allow the same to be obstructed or encumbered in any manner. Landlord shall not obstruct the entrance to the Leased Premises and shall not unreasonably interfere with Tenant's use of the General Common Area.
17.11 The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease shall become effective only upon execution and delivery thereof escrow by Landlord and Tenant.
17.12 Neither party shall record this Lease, but the parties hereto agree to execute a Notice of Lease drawn Agent in accordance with the Connecticut statutesprovisions hereof. Such second priority mortgage shall be held in escrow by Agent during the term of the Loan, but may, at the option of the Agent, be released from escrow and filed of record upon the parties agree occurrence of an Event of Default hereunder. In the event such second priority mortgage is not recorded, as aforesaid, same shall be returned to execute the Borrowers upon the earlier to occur of (x) the release of the Mortgage securing the same Mortgaged Property pursuant to this Agreement and (y) repayment in recordable form an agreement establishing full of the specific commencement date Loan and termination of this Lease when Agreement. On the initial Advance Closing Date, Lilac New York Corp. shall deposit in the Repair Reserve Account, in addition to the amounts referred to in Section 2.13(a), an amount sufficient to pay all state, county and municipal recording taxes and any other fees which would be imposed on the recordation of such second priority mortgage, which amount shall only be withdrawn by Agent in connection with such recordation pursuant to this clause (Z)(i) or by the Borrowers upon the earlier to occur of (x) the release of the Mortgage securing the same is ascertainableMortgaged Property pursuant to this Agreement and (y) repayment in full of the Loan and termination of this Agreement.
17.13 If there (ii) With respect to the Mortgaged Property leased by Lilac New York Corp., such Borrower shall be one or more tenants or one or more landlords, each tenant and landlord shall be jointly and severally liable for all promptly deliver to the Agent evidence of the covenants and obligations payment of the Tenant and Landlord hereunder, as the case may be, except as express provision may be elsewhere made all Impositions with respect to the contrarytax lot of which such Mortgaged Property constitutes a portion.
17.14 The use of the neuter singular pronoun to refer to Landlord or Tenant shall be deemed a proper reference even though Landlord or Tenant may be an individual, a partnership, a corporation, or a group of two or more individuals or corporations. The necessary grammatical changes required to make the provisions of this Lease apply in the plural sense where there is more than one Landlord or Tenant, or to either corporations, associations, partnerships, or individuals, males or females, shall in all instances be assumed as though in each case fully expressed.
17.15 The headings, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections or articles of this Lease nor in any way affect this Lease.
Appears in 1 contract
Miscellaneous Covenants. 17.01 16.01 The Landlord shall not be liable for any damage to any property or person at any time in or on the demised premise through steam, waterworks, water, rain or snow which may leak into, issue or flow from any part of the demised premise, or from any other place not due to the negligence or wilful act of the Landlord, its servants, employees or agents.
16.02 The Tenant covenants with the Landlord to indemnify and save harmless the Landlord against and from any and all claims, including without limiting the generality of the foregoing, all claims for personal injury or property damage arising from any act or omission of servants, employees, invitees or licensees of the Tenant, and against from all costs, counsel fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon.
16.03 During the term of this Lease, or any renewal thereof, the Tenant shall not suffer or permit any Builder's or other liens or encumbrances for work, labour, service or material to be filed against or attached to the demised premise or any portion thereof.
16.04 Subject to the provisions of Article 10 hereof, upon termination of this Lease for any reason whatever, the Tenant shall surrender to the Landlord the demised premise, together with all alterations and replacements and additions thereof (except the Tenant's equipment) in good order, condition and repair, reasonable wear and tear excepted.
16.05 The Landlord shall have the right to transfer title to the demised premise at any time or assign its interest under this Lease agreement.
16.06 The Tenant shall not have the right to assign or sublet or part with or share possession of the whole or any part of the demised premise without the Landlord's prior written consent and the Landlord agrees that such consent shall not be unreasonably withheld or delayed. Any assignment or sub-lease of the demised premise by the Tenant shall in no way relieve or release the Tenant from its covenants and obligations hereunder.
16.07 If the Tenant herein is a private corporation and if by the sale or other disposition of its shares or securities the control or the beneficial ownership of such corporation is changed at any time after the execution of the lease or during the term, the Landlord may, at its option, cancel this Lease and the term hereby waive trial granted upon the giving of sixty (60) days notice to the Tenant of its intention to cancel this Lease and the term shall thereupon be cancelled.
16.08 In the event the Tenant enters into any sublease, the Tenant shall not collect rental from the sub-lessee more than one month in advance of the due date thereof.
16.09 It is agreed by jury in any action, proceeding or counterclaim brought by either of and between the parties hereto against that the other on any matters whatsoever arising out of or in any way connected with this LeaseLandlord may mortgage the demised premise, the relationship said mortgage to be registered in priority to this lease, and the Tenant covenants and agrees to execute postponements of Landlord any encumbrances it may place upon the Title to the demised premise to protect its interest under the Lease for the purpose of allowing any such mortgage or to have priority over any encumbrances the Tenant may register as aforesaid, provided however, that such mortgagee or their respective successors or assigns in favour of which such attornment has been made shall recognize this Lease and Tenant, Tenant's use or occupancy the rights of the Leased Premises, and/or claim Tenant thereunder as long as the Tenant shall not be in default in the performance of injury or damage. In any dispute between the parties relating to the tenancy hereby created, the exclusive forum for any such legal action shall be the Bridgeport, Connecticut, state courthouse, if venue shall be accepted by such court, or the nearest state courthouse to Bridgeport having jurisdiction and venue over the matter. Connecticut law shall apply to all state law matters arising its obligations under this Lease. It is further agreed that the Landlord may assign the rents hereunder to such mortgagees and notice to that effect, signed by the Landlord, shall be sufficient authority for the Tenant to pay the rent, or such portion thereof as is assigned to the mortgagee, and the receipt of the Mortgagee shall be a full and adequate discharge to the Tenant for such payment.
17.02 The waiver by 16.10 If the Tenant shall remain in possession of the demised premise after termination of the term hereby granted, or any renewal thereof, without further written agreement between the Landlord of any breach by Tenant of any termand the Tenant, covenant or condition herein contained a tenancy from year to year shall not be created by the implication of law, but the Tenant shall be deemed to be a waiver monthly tenant only at the Basic Rent payable immediately prior to such termination and subject in all other respects to the terms of such term, this Lease.
16.11 The failure of either party to insist upon strict performance of any covenant or condition contained in this Lease or to exercise any subsequent breach of the same right or any other term, covenant or condition herein contained. The subsequent acceptance of rent option hereunder by Landlord shall not be deemed to be construed as a waiver or relinquishment for the future of any preceding breach by Tenant such covenant, condition, right or option. The acceptance of any term, covenant rent from or condition the performance of this Lease, any obligation hereunder by a person other than the failure Tenant shall not be construed as an admission by the Landlord of Tenant to pay the particular rental so acceptedany right, regardless of Landlord's knowledge title or interest of such preceding breach at person as a sub-lessee, assignee, transferee, or otherwise in the time place and stead of acceptance of such rent. No covenant, term the Tenant.
16.12 Any notice required or condition of this lease permitted to be given hereunder shall be in writing and shall be deemed to have been waived duly given if delivered by Landlord hand or Tenant unless mailed by prepaid mail as follows: TO THE LANDLORD: 000 - 0000 Xxxxxx Xxxxx Surrey, B.C. V4A 6E7 TO THE TENANT: 000 - 0000 Xxxxxx Xxxxx, Surrey, B.C. V4A 6E7 or such waiver be other address as the respective parties may in writing by Landlordadvise. Any such notice shall be deemed to have been given and received, if delivered, and if mailed, seventy-two (72) hours following the mailing thereof.
17.03 No payment 16.13 The Tenant hereby accepts this Lease subject to the conditions, restrictions and covenants herein set forth and implied.
16.14 This Lease may be executed in counterpart.
16.15 Wherever the singular or masculine or neuter are used throughout this Lease, they shall be construed as if the plural, neuter feminine or body corporate had been used, where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the necessary grammatical and terminological changes thereby rendered necessary had been made.
16.16 This Lease and the covenants and agreements herein contained shall enure to the benefit of and be binding upon the parties hereto, and their respective heirs, legal personal representatives, successors and permitted assignees and subleases.
16.17 Time shall be of the essence of this Lease.
16.18 In the event of any calculation or determination by Tenant or receipt by the Landlord of the Rentable Area of any premises (including the demised premise) or of the Total Rentable Area is disputed or called into question, it shall be calculated or determined by the Landlord's architect or quantity surveyor from time to time appointed for the purpose whose certificate shall be conclusive.
16.19 The Tenant shall permit the Landlord and its authorized agents and employees to show the demised premise to prospective tenants during normal business hours of the last six (6) months of the term.
16.20 The Tenant shall not paint, display, inscribe, place or affix any sign, symbol, notice or lettering of any kind anywhere outside the demised premise (whether on the outside or inside of the building) or within the demised premise so as to be visible from the outside of the demised premise, with the exception only of an identification sign at or near the entrance of the demised premise subject to the approval of the Landlord, which approval shall not be unreasonably withheld and a lesser amount than directory listing in the monthly rent herein stipulated main lobby of the Building in each case containing only the name of the Tenant, provided however, the Tenant may, subject to the written approval of the Landlord, erect a sign on the storefront of the demised premise or suspend an identification sign from the overhead canopy formed by the mezzanine floor of the Building.
16.22 The Tenant shall observe, and cause its employees and other over whom the Tenant can reasonably be expected to exercise control to observe, the rules and regulations attached hereto as Schedule "B", and such further and other reasonable regulations and amendments and changes therein as may hereinafter be made by the Landlord, of which notice in writing shall be given to the Tenant, and all such rules and regulations shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord incorporated into and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy in this Lease provided.
17.04 This Lease and the Exhibits, attached hereto and forming a form part hereof, set forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant concerning the Leased Premises and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the parties other than those herein set forth. No subsequent alteration, amendment, change or addition to this lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by the party to be charged.
17.05 If any term, covenant or condition of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be valid and enforced to the fullest extent permitted by law.
17.06 If the Commencement Date is not a date certain, the Commencement Date shall in no event be later than a time which would not violate any applicable rule against perpetuities, determined as if all relevant lives in being ceased as of the date of execution of this Lease.
17.07 In the event that Landlord or Tenant shall be delayed in, hindered in, or prevented from, the performance of any act required hereunder by reason of Force Majeure (except for the payment of money), which shall mean strikes, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party suffering the delay and despite such party's good faith efforts to avoid such Force Majeure, then performance of such act shall be excused for the period of the delay.
17.08 Tenant agrees that the Landlord and Landlord's agents and other representatives shall have the right to enter into and upon the Leased Premises at all reasonable hours, upon reasonable notice, consistent with Tenant's security requirements, (without notice in the case of an emergency) for the purpose of examining the Leased Premises, or making such repairs or alterations therein as may be necessary for the safety and preservation the Project.
17.09 Tenant agrees to permit the Landlord or Landlord's agents to show the Leased Premises to persons wishing to hire or purchase the same upon reasonable notice to Tenant and at reasonable hours.
17.10 Tenant shall not encumber or obstruct the General Common area in the Project, nor allow the same to be obstructed or encumbered in any manner. Landlord shall not obstruct the entrance to the Leased Premises and shall not unreasonably interfere with Tenant's use of the General Common Area.
17.11 The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease shall become effective only upon execution and delivery thereof by Landlord and Tenant.
17.12 Neither party shall record this Lease, but the parties hereto agree to execute a Notice of Lease drawn in accordance with the Connecticut statutes, and the parties agree to execute in recordable form an agreement establishing the specific commencement date of this Lease when the same is ascertainable.
17.13 If there shall be one or more tenants or one or more landlords, each tenant and landlord shall be jointly and severally liable for all of the covenants and obligations of the Tenant and Landlord hereunder, as the case may be, except as express provision may be elsewhere made to the contrary.
17.14 The use of the neuter singular pronoun to refer to Landlord or Tenant shall be deemed a proper reference even though Landlord or Tenant may be an individual, a partnership, a corporation, or a group of two or more individuals or corporations. The necessary grammatical changes required to make the provisions of this Lease apply in the plural sense where there is more than one Landlord or Tenant, or to either corporations, associations, partnerships, or individuals, males or females, shall in all instances be assumed as though in each case fully expressed.
17.15 The headings, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections or articles of this Lease nor in any way affect this Lease.
Appears in 1 contract
Miscellaneous Covenants. 17.01 The Landlord (a) Borrower shall, upon entering into any Swap Contract, pay all sums required to be paid by Borrower thereunder. Borrower shall keep the Swap Contract in full force and Tenant hereby waive trial by jury in any actioneffect, proceeding and shall not amend or counterclaim brought by either permit the amendment of same without the parties hereto against the other on any matters whatsoever arising out prior consent of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Leased Premises, and/or claim of injury or damage. In any dispute between the parties relating to the tenancy hereby created, the exclusive forum for any such legal action shall be the Bridgeport, Connecticut, state courthouse, if venue shall be accepted by such court, or the nearest state courthouse to Bridgeport having jurisdiction and venue over the matter. Connecticut law shall apply to all state law matters arising under this LeaseAdministrative Agent.
17.02 The waiver by Landlord of any breach by Tenant of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such rent. No covenant, term or condition of this lease shall be deemed to have been waived by Landlord or Tenant unless such waiver be in writing by Landlord.
17.03 No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy in this Lease provided.
17.04 This Lease and the Exhibits, attached hereto and forming a part hereof, set forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant concerning the Leased Premises and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the parties other than those herein set forth. No subsequent alteration, amendment, change or addition to this lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by the party to be charged.
17.05 If any term, covenant or condition of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be valid and enforced to the fullest extent permitted by law.
17.06 If the Commencement Date is not a date certain, the Commencement Date shall in no event be later than a time which would not violate any applicable rule against perpetuities, determined as if all relevant lives in being ceased as of the date of execution of this Lease.
17.07 (b) In the event that Landlord Borrower breaches any of its obligations pursuant to Section 1 or Tenant Section 5(a) of this Exhibit I, in addition to all other rights and remedies of Administrative Agent and Lenders, Administrative Agent may, but shall be delayed have no obligation to, at Borrower’s sole cost and expense and on Borrower’s behalf, enter into a Swap Contract required hereunder. Borrower hereby constitutes Administrative Agent its true and lawful attorney-in, hindered in, or prevented from, the performance -fact with full power of any act required hereunder by reason of Force Majeure (except for the payment of money)substitution, which shall mean strikespower of attorney is coupled with an interest and irrevocable, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party suffering the delay and despite such party's good faith efforts to avoid such Force Majeure, then performance of such act shall be excused for the period of the delay.
17.08 Tenant agrees that the Landlord and Landlord's agents and other representatives shall have the right to enter into such Swap Contract if Borrower fails to do so within two (2) days after written demand from Administrative Agent or at any time after the occurrence of and upon during the Leased Premises at continuance of a Default or to amend and terminate such Swap Contract, pay all reasonable hourssums due thereunder, upon reasonable noticeand generally to take any and all such action in relation thereto as Administrative Agent shall deem advisable. Administrative Agent shall not incur any liability if any action so taken by Administrative Agent or on its behalf shall prove to be inadequate or invalid. Borrower expressly understands and agrees that Administrative Agent is not hereby assuming any duties or obligations of Borrower under any Swap Contract or under any other Loan Document. All payment duties to the Swap Counterparty, consistent with Tenant's security requirementsand other obligations under such Swap Contract entered into by Administrative Agent on behalf of Borrower, (without notice shall be the responsibility of Borrower notwithstanding any language in the case of an emergency) for the purpose of examining the Leased Premises, or making such repairs or alterations therein as may be necessary for the safety and preservation the Projectthis Agreement.
17.09 Tenant agrees to permit the Landlord (c) No Swap Contract shall alter, impair, restrict, limit or Landlord's agents to show the Leased Premises to persons wishing to hire or purchase the same upon reasonable notice to Tenant and at reasonable hours.
17.10 Tenant shall not encumber or obstruct the General Common area in the Project, nor allow the same to be obstructed or encumbered modify in any manner. Landlord shall not obstruct respect the entrance obligation of Borrower to pay interest or other sums due under the Leased Premises Loan Documents, as and shall not unreasonably interfere with Tenant's use of the General Common Area.
17.11 The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease shall become effective only upon execution and delivery thereof by Landlord and Tenant.
17.12 Neither party shall record this Lease, but the parties hereto agree to execute a Notice of Lease drawn in accordance with the Connecticut statutes, and the parties agree to execute in recordable form an agreement establishing the specific commencement date of this Lease when the same is ascertainablebecome due and payable.
17.13 If there shall be one or more tenants or one or more landlords, each tenant and landlord shall be jointly and severally liable for all of the covenants and obligations of the Tenant and Landlord hereunder, as the case may be, except as express provision may be elsewhere made to the contrary.
17.14 The use of the neuter singular pronoun to refer to Landlord or Tenant shall be deemed a proper reference even though Landlord or Tenant may be an individual, a partnership, a corporation, or a group of two or more individuals or corporations. The necessary grammatical changes required to make the provisions of this Lease apply in the plural sense where there is more than one Landlord or Tenant, or to either corporations, associations, partnerships, or individuals, males or females, shall in all instances be assumed as though in each case fully expressed.
17.15 The headings, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections or articles of this Lease nor in any way affect this Lease.
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Samples: Loan Agreement (Skechers Usa Inc)
Miscellaneous Covenants. 17.01 The Landlord In addition to those covenants and conditions which are set forth elsewhere herein, Tenant hereby waive trial by jury agrees:
(a) To secure and maintain in effect any actiongovernmental approvals, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord licenses and permits as may be required for Tenant, Tenant's ’s use or and occupancy of the Leased Premises, and/or claim of injury or damage. In any dispute between the parties relating to the tenancy hereby created, the exclusive forum for any such legal action shall be the Bridgeport, Connecticut, state courthouse, if venue shall be accepted by such court, or the nearest state courthouse to Bridgeport having jurisdiction and venue over the matter. Connecticut law shall apply to all state law matters arising under this Lease.
17.02 The waiver by Landlord (b) To comply with all applicable laws, codes and regulations of any breach by Tenant governmental authorities applicable to Tenant’s use and occupancy of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such rent. No covenant, term or condition of this lease shall be deemed to have been waived by Landlord or Tenant unless such waiver be in writing by Landlord.
17.03 No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy in this Lease provided.
17.04 This Lease and the Exhibits, attached hereto and forming a part hereof, set forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant concerning the Leased Premises and there all rules and regulations of insurers of the Leased Premises and the National Board of Fire Underwriters as they apply to Tenant’s use and occupancy of the Leased Premises. Notwithstanding anything to the contrary in this paragraph (b), if any such laws, ordinances, regulations or orders shall require structural alterations to be made in or to the Leased Premises (such as the installation of sprinklers), and provided that such alterations are no covenantsrequired generally in all office buildings in Bensalem Township and are not required as a result of the specific nature of Tenant’s design, promiseslayout, agreementsconfiguration or use of the Leased Premises or caused by Tenant or any of its employees, conditions agents, contractors or understandingssubtenant’s, either oral or written, between the parties other than those herein set forth. No subsequent alteration, amendment, change or addition to this lease then it shall be binding upon Landlord or Tenant unless reduced Landlord’s responsibility to writing and signed by make such structural alternations, the party to cost of which shall be chargedincluded in Operating Expenses after being amortized over the useful life of such alternations, but in no event over a period of less than ten (10) years.
17.05 (c) If any term, covenant or condition the Leased Premises include less than an entire floor of this Lease or the application thereof to any person or circumstances shallBuilding, to not place, erect, maintain or display any extentsign or other marking of any kind whatsoever on the exterior surface of the walls of the Leased Premises or on any door which faces any common corridor or hallway, be invalid or unenforceablewithout the prior written approval of Landlord, the remainder of this Lease, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, approval shall not be affected thereby and each termunreasonably withheld for a single sign, covenant or condition of this Lease shall be valid and enforced provided that the same confirms to the fullest extent permitted sign standards as are then established by lawLandlord generally for the Building, and to not install or replace any entrance door or other door facing on any common corridor or hallway other than the standard door supplied by Landlord, without the prior written approval of Landlord.
17.06 If (d) Not to use or place any curtains, blinds, drapes, coverings or signs over any exterior windows or upon the Commencement Date is not a date certain, window surfaces as would be visible from the Commencement Date shall in no event be later than a time which would not violate any applicable rule against perpetuities, determined as if all relevant lives in being ceased as outside of the date Building without the prior written approval of execution of this LeaseLandlord.
17.07 In (e) Without the event that Landlord or Tenant shall be delayed inprior written consent of Landlord, hindered in, or prevented from, the performance of any act required hereunder by reason of Force Majeure (except for the payment of money), which shall mean strikes, lock-outs, labor troubles, inability not to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party suffering the delay and despite such party's good faith efforts to avoid such Force Majeure, then performance of such act shall be excused for the period of the delay.
17.08 Tenant agrees that the Landlord and Landlord's agents and other representatives shall have the right to enter into and upon place within the Leased Premises at all reasonable hoursor bring into the Building any machinery, upon reasonable noticeequipment or other personality other than customary office furnishings and small machinery such as typewriters and other similar items of office equipment, consistent with and customary kitchen equipment to be used exclusively by Tenant's security requirements, (without notice in the case of an emergency) for the purpose of examining the Leased Premises’s employees, or making such repairs any machinery or alterations therein as other personality having a weight on the average in excess of the floor bearing capacity of one hundred (100) pounds per square foot. Landlord in its sole discretion, may be necessary for condition any consent given pursuant to this sub-section 17(e) upon the safety requirement that Tenant pay all costs of all structural and preservation the Project.
17.09 Tenant agrees to permit the Landlord other alterations, changes or Landlord's agents to show the Leased Premises to persons wishing to hire or purchase the same upon reasonable notice to Tenant and at reasonable hours.
17.10 Tenant shall not encumber or obstruct the General Common area in the Project, nor allow the same additions reasonably required to be obstructed or encumbered in any manner. Landlord shall not obstruct the entrance made to the Leased Premises and shall not unreasonably interfere with Tenant's use the Building, in the sole judgment of the General Common Area.
17.11 The submission of this Lease for examination does not constitute a reservation of or option Landlord, for the Leased Premises and this Lease shall become effective only upon execution and delivery thereof by Landlord and Tenant.
17.12 Neither party shall record this Leasesafe support of such Machinery, but the parties hereto agree to execute a Notice equipment or personality, together with all costs of Lease drawn in accordance with the Connecticut statutes, and the parties agree to execute in recordable form an agreement establishing the specific commencement date of this Lease when the same is ascertainable.
17.13 If there shall be one engineering or more tenants or one or more landlords, each tenant and landlord shall be jointly and severally liable for all of the covenants and obligations of the Tenant and Landlord hereunder, as the case may be, except as express provision may be elsewhere made to the contrary.
17.14 The use of the neuter singular pronoun to refer to Landlord or Tenant shall be deemed a proper reference even though Landlord or Tenant may be an individual, a partnership, a corporation, or a group of two or more individuals or corporations. The necessary grammatical changes other studies required to make the provisions of this Lease apply in the plural sense where there is more than one Landlord sole judgment of Landlord, to determine the required structural and other alterations, changes or Tenant, or to either corporations, associations, partnerships, or individuals, males or females, shall in all instances be assumed as though in each case fully expressedadditions.
17.15 The headings, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections or articles of this Lease nor in any way affect this Lease.
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Miscellaneous Covenants. 17.01 The Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy for possession of the Leased Premises, and/or claim of injury or damage. In any dispute between the parties relating to the tenancy hereby created, the exclusive forum for any such legal action shall be the BridgeportNorwalk, Connecticut, state courthouse, if venue shall be accepted by such court, or the nearest state courthouse to Bridgeport having jurisdiction and venue over the matter. Connecticut law shall apply to all state law matters arising under this Lease.
17.02 The waiver by Landlord of any breach by Tenant of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such rent. No covenant, term or condition of this lease shall be deemed to have been waived by Landlord or Tenant unless such waiver be in writing by Landlord.
17.03 No payment by Tenant or receipt by Landlord of a lesser amount than then the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy in this Lease provided.
17.04 This Lease and the Exhibits, attached hereto and forming a part hereof, set forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant concerning the Leased Premises and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the parties other than those herein set forth. No subsequent alteration, amendment, change or addition to this lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by the party to be charged.
17.05 If any term, covenant or condition of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant covenants or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this the Lease shall be valid and enforced to the fullest extent permitted by law.
17.06 If the Commencement Date is not a date certain, the Commencement Date shall in no event be later than a time which would not violate any applicable rule against perpetuities, determined as if all relevant lives in being ceased as of the date of execution of this Lease.
17.07 In the event that Landlord or Tenant shall be delayed in, hindered in, or prevented from, the performance of any act required hereunder by reason of Force Majeure (except for the payment of money)Majeure, which shall mean strikes, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party suffering the delay Landlord and despite such party's his good faith efforts to avoid such Force Majeure, then performance of such act shall be excused for the period of the delay. Notwithstanding the foregoing, any Force Majeure shall not affect Tenant's cancellation right in the event the Leased Premises Completion Date is not within 180 days of the date Tenant submits its final plans, as set forth in paragraph 19.01.
17.08 Tenant agrees that the Landlord and Landlord's agents and other representatives shall have the right to enter into and upon the Leased Premises at all reasonable hours, upon reasonable notice, consistent with Tenant's security requirements, (without notice in the case of an emergency) for the purpose of examining the Leased Premises, or making such repairs or alterations therein as may be necessary for the safety and preservation the Project. Tenant shall have the right to have a member of Tenant's staff accompany the person making the entry on behalf of Landlord, except in the case of an emergency.
17.09 During the Term of this Lease, Tenant agrees to permit the Landlord or Landlord's agents to show the Leased Premises to persons wishing to hire purchase the same upon reasonable notice to Tenant and at reasonable hours. During the six months next prior to the expiration of the term (which term has not then been renewed), Tenant agrees to permit the Landlord or purchase Landlord's agents to show the Leased Premises to persons wishing to rent the same upon reasonable notice to Tenant and at reasonable hours.
17.10 Tenant shall not encumber or obstruct the General Common area in the Project, nor allow the same to be obstructed or encumbered in any manner. Landlord shall not obstruct the entrance to the Leased Premises and shall not unreasonably interfere with Tenant's use of the General Common Area.
17.11 The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease shall become effective only upon execution and delivery thereof by Landlord and Tenant.
17.12 Neither party shall record this Lease, but the parties hereto agree to execute a Notice of Lease drawn in accordance with the Connecticut statutes, and the parties agree to execute in recordable form an agreement establishing the specific commencement date of this Lease when the same is ascertainable.
17.13 If there shall be one or more tenants or one or more landlords, each tenant and landlord shall be jointly and severally liable for all of the covenants and obligations of the Tenant and Landlord hereunder, as the case may be, except as express provision may be elsewhere made to the contrary.
17.14 The use of the neuter singular pronoun to refer to Landlord or Tenant shall be deemed a proper reference even though Landlord or Tenant may be an individual, a partnership, a corporation, or a group of two or more individuals or corporations. The necessary grammatical changes required to make the provisions of this Lease apply in the plural sense where there is more than one Landlord or Tenant, or to either corporations, associations, partnerships, or individuals, males or females, shall in all instances be assumed as though in each case fully expressed.
17.15 The headings, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections or articles of this Lease nor in any way affect this Lease.
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