Miscellaneous Provision. If you or your Card Account becomes involved in any legal proceedings, your use of the Card Account may be restricted. You agree not to use the Card Account in any illegal activity. We shall be entitled to act upon any legal process served upon us which we reasonably believe to be binding, with no liability to you for doing so. You understand that supervisory personnel may randomly monitor customer service telephone conversations to ensure that you receive accurate, courteous, and fair treatment. If you ask us to follow instructions that we believe might expose us to any claim, liability, or damages, we may refuse to follow your instructions or may require a bond or other protection, including your agreement to indemnify us. You agree to be liable to us, to the extent permitted by law, for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving your Account. You authorize us to deduct any such loss, costs, or expenses from your Card Account without prior notice to you or to bill you separately. This obligation includes disputes between you and us involving your Card Account and situations where we become involved in disputes between you and a sub-account owner, or a third party claiming an interest in your Card Account. It also includes situations where any action taken on your Card Account by you, an authorized signer, a joint owner, or a third party causes us to seek the advice of an attorney, whether or not we actually become involved in a dispute. Any action by us for reimbursements from you for any costs or expenses may also be made against your estate, heirs and legal representatives, who shall be liable for any claims made against and expenses incurred by us. If you provide a mobile phone number to us, or if you call us from a mobile phone, you consent to accept calls from us to your mobile phone, including collection calls. If a court finds any provision of this Agreement invalid or unenforceable, such finding shall not make the rest of this Agreement invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.
Appears in 3 contracts
Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement
Miscellaneous Provision. If you 22.01 From and after the date of this Agreement, each of the parties agrees to execute whatever additional documents or your Card Account becomes involved instruments as are necessary to carry out the intent and purposes of this Agreement. In addition, at the written request of Landlord (not more than two in any legal proceedingsone calendar year) Tenant shall, your use within twenty (20) days of the Card Account may be restricted. You agree not to use the Card Account in any illegal activity. We shall be entitled to act upon any legal process served upon us which we reasonably believe to be bindingsuch request, with no liability to you for doing so. You understand execute an estoppel certificate certifying that supervisory personnel may randomly monitor customer service telephone conversations to ensure that you receive accurate, courteous, and fair treatment. If you ask us to follow instructions that we believe might expose us to any claim, liability, or damages, we may refuse to follow your instructions or may require a bond or other protection, including your agreement to indemnify us. You agree to be liable to us, to the extent permitted by law, for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving your Account. You authorize us to deduct any such loss, costs, or expenses from your Card Account without prior notice to you or to bill you separately. This obligation includes disputes between you and us involving your Card Account and situations where we become involved in disputes between you and a sub-account owner, or a third party claiming an interest in your Card Account. It also includes situations where any action taken on your Card Account by you, an authorized signer, a joint owner, or a third party causes us to seek the advice of an attorney, whether or not we actually become involved in a dispute. Any action by us for reimbursements from you for any costs or expenses may also be made against your estate, heirs and legal representatives, who shall be liable for any claims made against and expenses incurred by us. If you provide a mobile phone number to usthis Lease is unmodified, or if you call us from a mobile phonemodified, you consent to accept calls from us to your mobile phoneidentify the modifications, that the Lease, including collection callsany modifications, is in full force and effect, whether any default is known to Tenant, the last rental payment made and any other matters concerning this Lease reasonably requested.
22.02 If this Lease is executed by an officer on behalf of a corporate party, the signing party represents and warrants that the officer has corporate approval to enter into this Lease.
22.03 No indulgences extended by any party shall be construed as a waiver of any breach on the part of such other party, nor shall any waiver of one breach be construed as a waiver of any rights or remedies with respect to any subsequent breach.
22.04 It is the intention of the parties that the laws of the State of Florida shall govern the validity of this Agreement, the construction of its terms, and the interpretation of the rights and duties of the parties. If The parties agree and acknowledge that each party has reviewed and participated in the drafting of this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendment or exhibits thereto. The parties agree that the appropriate jurisdiction and venue for any and all suits and special proceedings arising out of, in connection with or by reason of this Agreement, shall be the appropriate court of competent jurisdiction located in Volusia County, Florida.
22.05 This Agreement sets forth the entire understanding of the parties and supersedes all prior and contemporaneous agreements or understandings. No covenant, representation or condition not expressed in this Agreement shall offset or be effective to interpret, change or restrict the provisions of this Agreement. This Agreement may not be changed except by a court finds written document signed by all the parties hereto.
22.06 The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceableunenforceable provision was omitted.
22.07 This Agreement may be executed in any number of counterparts, and each such finding counterpart shall not make the rest of this Agreement invalid or unenforceable. To the fullest extent possible, any such provision shall for all purposes be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceablean original.
Appears in 2 contracts
Samples: Commercial Lease, Commercial Lease
Miscellaneous Provision. If you or your Card Account becomes involved in any legal proceedings, your use of the Card Account may be restricted. You agree not to use the Card Account in any illegal activity. We shall be entitled to act upon any legal process served upon us which that we reasonably believe to be binding, with no liability to you for doing so. You understand that supervisory personnel may randomly monitor customer service telephone conversations to ensure that you receive accurate, courteous, and fair treatment. If you ask us to follow instructions that we believe might expose us to any claim, liability, or damages, we may refuse to follow your instructions or may require a bond or other protection, including your agreement to indemnify us. You agree to be liable to us, to the extent permitted by law, for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving your Account. You authorize us to deduct any such loss, costs, or expenses from your Card Account without prior notice to you or to bill you separately. This obligation includes disputes between you and us involving your Card Account and situations where we become involved in disputes between you and a sub-account owner, or a third party claiming an interest in your Card Account. It also includes situations where any action taken on your Card Account by you, an authorized signer, a joint owner, or a third party causes us to seek the advice of an attorney, whether or not we actually become involved in a dispute. Any action by us for reimbursements from you for any costs or expenses may also be made against your estate, heirs and legal representatives, who shall be liable for any claims made against and expenses incurred by us. If you provide a mobile phone number to us, or if you call us from a mobile phone, you consent to accept calls from us to your mobile phone, including collection calls. If a court finds any provision of this Agreement invalid or unenforceable, such finding shall not make the rest of this Agreement invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.
Appears in 1 contract
Samples: Cardholder Agreement
Miscellaneous Provision. If you or your Card Account becomes involved in any legal proceedings, your use (a) The acceptance of the Card Account may be restricted. You agree not to use the Card Account Closing Documents referenced in any illegal activity. We Section 6 by Purchaser and Seller shall be entitled deemed an acknowledgment by Purchaser and Seller that the other has fully complied with all of its obligations hereunder and that such party is discharged there from and that such party shall have no further obligation or liability with respect to act upon any legal process served upon us of the agreements made by it in this Agreement, except for those provisions of this Agreement which we reasonably believe expressly provide that any such obligation of such obligation of such party shall survive the Closing.
(b) Each of Seller and Purchaser agrees that it will continue to be bindingbound by the terms, with no liability covenants and conditions of that certain Confidentiality Agreement, dated as of October 4, 1996 the terms of which shall continue in full force and effect during the effectiveness of this Agreement and subsequent to you for doing soany Closing hereunder or the termination hereof. You understand that supervisory personnel may randomly monitor customer service telephone conversations Seller agrees to ensure that you receive accuratetreat the terms and provisions of this Agreement, courteousas they relate to the Purchase Price paid by Purchaser and to any other economic terms of this Agreement, as confidential, and fair treatment. If you ask us to follow instructions that we believe might expose us will not disclose any of such terms to any claim, liability, or damages, we may refuse to follow your instructions or may require a bond or other protectionthird party, including your agreement but not limited to indemnify us. You agree the Borrower, but excluding Seller's officers, employees, advisors, attorneys and consultants who have a need to know the same in connection with the performance of Seller's obligations under this Agreement, except to the extent that such disclosure is compelled pursuant to any judicial order or is required to be disclosed pursuant to any law or regulation applicable to Seller. The terms of this Section 19(b) shall continue in full force and effect during the effectiveness of this Agreement and subsequent to any Closing hereunder or the termination hereof.
(c) On or prior to the Closing Date, Purchaser shall not have the right to assign its rights hereunder, in whole or in part, without the prior written consent of Seller. Any assignment on or prior to the Closing Date without such prior written consent shall be deemed null and void. Notwithstanding the foregoing, Purchaser may assign this Agreement on or prior to the Closing Date to an affiliate (as defined in the Securities Act of 1933) and to any lender providing financing to Purchaser or such affiliate to consummate the transactions contemplated herein; provided, however, that if any such assignment shall occur or if Purchaser shall assign its rights hereunder after the Closing Date, Purchaser shall remain liable for all obligations of Purchaser under this Agreement. Subject to usand without limiting the preceding two sentences, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
(d) This Agreement does not constitute an offer to sell and shall not bind the parties hereto unless and until each elects to be bound hereby by executing and delivering to the other an executed original counterpart hereof.
(e) If any term or provision of this Agreement or the application thereof to any persons or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(f) This Agreement, for any losstogether with the Escrow Agreement and the Schedules and Exhibits hereto and thereto, costs, or expenses that we may incur as a result constitute the entire agreement of any dispute or legal proceeding involving your Account. You authorize us to deduct any such loss, costs, or expenses from your Card Account without prior notice to you or to bill you separately. This obligation includes disputes between you and us involving your Card Account and situations where we become involved in disputes between you and a sub-account owner, or a third party claiming an interest in your Card Account. It also includes situations where any action taken on your Card Account by you, an authorized signer, a joint owner, or a third party causes us to seek the advice of an attorney, whether or not we actually become involved in a dispute. Any action by us for reimbursements from you for any costs or expenses may also be made against your estate, heirs and legal representatives, who shall be liable for any claims made against and expenses incurred by us. If you provide a mobile phone number to us, or if you call us from a mobile phone, you consent to accept calls from us to your mobile phone, including collection calls. If a court finds any provision parties regarding the subject matter of this Agreement invalid and the Escrow Agreement, and all prior or unenforceablecontemporaneous agreements, understandings, representations and statements, oral or written, are hereby merged herein.
(g) The parties agree to mutually execute and deliver to each other, at, and, from time to time after, the Closing, such finding shall not make other and further documents as may be reasonably required by counsel for the rest parties to carry into effect the purposes and intents of this Agreement, provided such documents do not impose any material obligations upon any party hereunder except as set forth in this Agreement.
(h) This Agreement invalid may not be modified, amended, altered or unenforceablesupplemented except by written agreement executed and delivered by Purchaser and Seller. To the fullest extent possibleThis Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, any such provision each of which when so executed shall be deemed to be modified an original, and all of which when so as executed shall be deemed to be rendered enforceable or valid; an original, and all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Agreement by telecopier shall be effective as delivery of a manually executed counterpart of this Agreement. Any delivery of a counterpart signature by telecopier shall, however, if such provision cannot be so modified, it promptly followed by delivery of a manually executed counterpart.
(i) This Agreement shall be stricken governed by and all other construed in accordance with the laws of the State of Illinois applicable to agreements made and to be performed wholly within such State.
(j) All Schedules and Exhibits referred to in this Agreement are incorporated herein and made a part hereof as fully as if set forth herein.
(k) The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed as a waiver of any of such provisions, or the right of any party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.
(l) Each party to this Agreement shall bear the costs of its own attorneys' fees and expenses in the preparation, negotiation and execution of this Agreement. Purchaser shall pay any transfer, conveyance, real property transfer or gains, mortgage or mortgage recording, sales, use, value added, stock or note transfer and stamp taxes, any recording, registration or other similar taxes, expenses or fees and any penalties, interest and fees thereon, imposed by any taxing authority, recording officer or register, or other governmental authority in connection with the transactions contemplated herein.
(m) The Article and Section headings used herein are for reference purposes only and do not control or affect the meaning or interpretation of any term or provision hereof. All references in this Agreement to Sections, paragraphs, Exhibits and Schedules are to the Sections and paragraphs hereof and the Exhibits and Schedules annexed hereto.
(n) The representations, warranties and agreements of the parties contained herein are intended solely for the benefit of the parties to whom such representation, warranties or agreements are made and their permitted assigns, shall confer no rights hereunder, whether legal or equitable, in any other party, and no other party shall be entitled to rely thereon.
(o) Seller and Purchaser each hereby irrevocably submits to the jurisdiction of any State or Federal court sitting in the County of Xxxx and State of Illinois over any action or proceeding arising out of or relating to this Agreement, and Seller and Purchaser each hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard or determined in any such State or Federal court. Seller and Purchaser each hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding. Seller and Purchaser each irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to Seller or Purchaser, as the case may be, at its respective address specified in Section 18 hereof. Seller and Purchaser each hereby agrees that the final judgment in any such action or proceeding shall be conclusive and may be enforced in any other respects jurisdiction by suit on the judgment or in any other matter provided by law. Nothing in this paragraph shall remain valid and enforceableaffect the right of Seller or Purchaser, as the case may be, to serve legal process in any other manner permitted by law or affect the right of Seller or Purchaser, the case may be, to bring any action or proceeding against the other in the courts of any other jurisdiction.
(p) NEITHER SELLER NOR PURCHASER MAY RECORD THIS AGREEMENT, ALL RECORDING OFFICERS ARE HEREBY DIRECTED NOT TO RECORD THIS AGREEMENT. To the extent that any such filing is made in violation of the Agreement, the party effecting such filing shall indemnify the other against any damages incurred by the other in connection therewith. The provisions of this paragraph shall survive the termination of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Balcor Pension Investors V)
Miscellaneous Provision. If you or your Card Account becomes involved in any legal proceedings, your use (a) The acceptance of the Card Account may be restricted. You agree not to use the Card Account Closing Documents referenced in any illegal activity. We Section 6 by Purchaser and Seller shall be entitled deemed an acknowledgment by Purchaser and Seller that the other has fully complied with all of its obligations hereunder and that such party is discharged there from and that such party shall have no further obligation or liability with respect to act upon any legal process served upon us of the agreements made by it in this Agreement, except for those provisions of this Agreement which we reasonably believe expressly provide that any such obligation of such obligation of such party shall survive the Closing.
(b) Each of Seller and Purchaser agrees that it will continue to be bindingbound by the terms, with no liability covenants and conditions of that certain Confidentiality Agreement, dated as of October 4, 1996 the terms of which shall continue in full force and effect during the effectiveness of this Agreement and subsequent to you for doing soany Closing hereunder or the termination hereof. You understand that supervisory personnel may randomly monitor customer service telephone conversations Seller agrees to ensure that you receive accuratetreat the terms and provisions of this Agreement, courteousas they relate to the Purchase Price paid by Purchaser and to any other economic terms of this Agreement, as confidential, and fair treatment. If you ask us to follow instructions that we believe might expose us will not disclose any of such terms to any claim, liability, or damages, we may refuse to follow your instructions or may require a bond or other protectionthird party, including your agreement but not limited to indemnify us. You agree the Borrower, but excluding Seller's officers, employees, advisors, attorneys and consultants who have a need to know the same in connection with the performance of Seller's obligations under this Agreement, except to the extent that such disclosure is compelled pursuant to any judicial order or is required to be disclosed pursuant to any law or regulation applicable to Seller. The terms of this Section 19(b) shall continue in full force and effect during the effectiveness of this Agreement and subsequent to any Closing hereunder or the termination hereof.
(c) On or prior to the Closing Date, Purchaser shall not have the right to assign its rights hereunder, in whole or in part, without the prior written consent of Seller. Any assignment on or prior to the Closing Date without such prior written consent shall be deemed null and void. Notwithstanding the foregoing, Purchaser may assign this Agreement on or prior to the Closing Date to an affiliate (as defined in the Securities Act of 1933) and to any lender providing financing to Purchaser or such affiliate to consummate the transactions contemplated herein; provided, however, that if any such assignment shall occur or if Purchaser shall assign its rights hereunder after the Closing Date, Purchaser shall remain liable for all obligations of Purchaser under this Agreement. Subject to usand without limiting the preceding two sentences, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
(d) This Agreement does not constitute an offer to sell and shall not bind the parties hereto unless and until each elects to be bound hereby by executing and delivering to the other an executed original counterpart hereof.
(e) If any term or provision of this Agreement or the application thereof to any persons or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(f) This Agreement, for any losstogether with the Escrow Agreement and the Schedules and Exhibits hereto and thereto, costs, or expenses that we may incur as a result constitute the entire agreement of any dispute or legal proceeding involving your Account. You authorize us to deduct any such loss, costs, or expenses from your Card Account without prior notice to you or to bill you separately. This obligation includes disputes between you and us involving your Card Account and situations where we become involved in disputes between you and a sub-account owner, or a third party claiming an interest in your Card Account. It also includes situations where any action taken on your Card Account by you, an authorized signer, a joint owner, or a third party causes us to seek the advice of an attorney, whether or not we actually become involved in a dispute. Any action by us for reimbursements from you for any costs or expenses may also be made against your estate, heirs and legal representatives, who shall be liable for any claims made against and expenses incurred by us. If you provide a mobile phone number to us, or if you call us from a mobile phone, you consent to accept calls from us to your mobile phone, including collection calls. If a court finds any provision parties regarding the subject matter of this Agreement invalid and the Escrow Agreement, and all prior or unenforceablecontemporaneous agreements, understandings, representations and statements, oral or written, are hereby merged herein.
(g) The parties agree to mutually execute and deliver to each other, at, and, from time to time after, the Closing, such finding shall not make other and further documents as may be reasonably required by counsel for the rest parties to carry into effect the purposes and intents of this Agreement, provided such documents do not impose any material obligations upon any party hereunder except as set forth in this Agreement.
(h) This Agreement invalid may not be modified, amended, altered or unenforceablesupplemented except by written agreement executed and delivered by Purchaser and Seller. To the fullest extent possibleThis Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, any such provision each of which when so executed shall be deemed to be modified an original, and all of which when so as executed shall be deemed to be rendered enforceable or valid; an original, and all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Agreement by telecopier shall be effective as delivery of a manually executed counterpart of this Agreement. Any delivery of a counterpart signature by telecopier shall, however, if such provision cannot be so modified, it promptly followed by delivery of a manually executed counterpart.
(i) This Agreement shall be stricken governed by and all other construed in accordance with the laws of the State of Illinois applicable to agreements made and to be performed wholly within such State.
(j) All Schedules and Exhibits referred to in this Agreement are incorporated herein and made a part hereof as fully as if set forth herein.
(k) The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed as a waiver of any of such provisions, or the right of any party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.
(l) Each party to this Agreement shall bear the costs of its own attorneys' fees and expenses in the preparation, negotiation and execution of this Agreement. Purchaser shall pay any transfer, conveyance, real property transfer or gains, mortgage or mortgage recording, sales, use, value added, stock or note transfer and stamp taxes, any recording, registration or other similar taxes, expenses or fees and any penalties, interest and fees thereon, imposed by any taxing authority, recording officer or register, or other governmental authority in connection with the transactions contemplated herein.
(m) The Article and Section headings used herein are for reference purposes only and do not control or affect the meaning or interpretation of any term or provision hereof. All references in this Agreement to Sections, paragraphs, Exhibits and Schedules are to the Sections and paragraphs hereof and the Exhibits and Schedules annexed hereto.
(n) The representations, warranties and agreements of the parties contained herein are intended solely for the benefit of the parties to whom such representation, warranties or agreements are made and their permitted assigns, shall confer no rights hereunder, whether legal or equitable, in any other party, and no other party shall be entitled to rely thereon.
(o) Seller and Purchaser each hereby irrevocably submits to the jurisdiction of any State or Federal court sitting in the County of Cook and State of Illinois xxxx any action or proceeding arising out of or relating to this Agreement, and Seller and Purchaser each hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard or determined in any such State or Federal court. Seller and Purchaser each hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding. Seller and Purchaser each irrevocably consents to the service of any and all process in any such action or proceeding by the mailing of copies of such process to Seller or Purchaser, as the case may be, at its respective address specified in Section 18 hereof. Seller and Purchaser each hereby agrees that the final judgment in any such action or proceeding shall be conclusive and may be enforced in any other respects jurisdiction by suit on the judgment or in any other matter provided by law. Nothing in this paragraph shall remain valid and enforceableaffect the right of Seller or Purchaser, as the case may be, to serve legal process in any other manner permitted by law or affect the right of Seller or Purchaser, the case may be, to bring any action or proceeding against the other in the courts of any other jurisdiction.
(p) NEITHER SELLER NOR PURCHASER MAY RECORD THIS AGREEMENT, ALL RECORDING OFFICERS ARE HEREBY DIRECTED NOT TO RECORD THIS AGREEMENT. To the extent that any such filing is made in violation of the Agreement, the party effecting such filing shall indemnify the other against any damages incurred by the other in connection therewith. The provisions of this paragraph shall survive the termination of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Balcor Pension Investors Iii)
Miscellaneous Provision. If you The term Landlord as used in this Lease so far as covenants or your Card Account becomes involved obligations on the part of Landlord are concerned, shall be limited to mean and include only the owner or owners at the time in any legal proceedings, your use question of the Card Account may be restricted. You agree not Premises and in the event of any transfer or transfers of the title to use the Card Account Premises, Landlord (and in case of any illegal activity. We subsequent transfers or conveyances, the then grantor) shall be entitled automatically freed and relieved from and after the date of such transfer or conveyance of all liability with respect to act upon the performance of any legal process served upon us which we reasonably believe covenant or obligation on Landlord's part to be bindingperformed under this Lease. The terms Landlord and Tenant wherever used herein shall be applicable to one or more persons, with no liability to you for doing so. You understand that supervisory personnel as the case may randomly monitor customer service telephone conversations to ensure that you receive accurate, courteousbe, and fair treatmentthe singular shall include the plural, and the neuter shall include the masculine and feminine, and if there be more than one, the obligations hereof shall be joint and several. If you ask us The word "person" and the word "persons" wherever used in this Lease shall both include individuals, partnerships, firms, associations and corporations or any other form of businessentity. The submission of this Lease by Landlord to follow instructions that we believe might expose us to any claimTenant, liability, whether in blank form or damages, we may refuse to follow your instructions with one or may require a bond or other protection, including your agreement to indemnify us. You agree to be liable to us, to the extent permitted by law, for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving your Account. You authorize us to deduct any such loss, costs, or expenses from your Card Account without prior notice to you or to bill you separately. This obligation includes disputes between you more blanks completed and us involving your Card Account and situations where we become involved in disputes between you and a sub-account owner, or a third party claiming an interest in your Card Account. It also includes situations where any action taken on your Card Account by you, an authorized signer, a joint owner, or a third party causes us to seek the advice of an attorney, whether or not we actually all exhibits referred to are attached, for examination by Tenant shall not constitute a reservation of, or an option for the Premises and shall vest no rights in Tenant. This Lease and all exhibits incorporated herein shall become involved binding on Landlord only upon execution and delivery thereof by the Landlord. Until such execution and delivery, Tenant shall have no rights under this Lease, in a dispute. Any action by us for reimbursements from you for any costs the exhibits incorporated herein or expenses may also be made against your estate, heirs and legal representatives, who shall be liable for any claims made against and expenses incurred by usin the Premises. If you provide a mobile phone number to usTenant pays all rent and other sums due hereunder and observes and keeps all covenants, or if you call us from a mobile phone, you consent to accept calls from us to your mobile phone, including collection calls. If a court finds any provision warranties and agreements of this Agreement invalid or unenforceable, such finding shall not make the rest of this Agreement invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed Lease on its part to be modified so as to be rendered enforceable observed and performed then Tenant shall quietly have and enjoy the Premises without hindrance or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceablemolestation by Landlord.
Appears in 1 contract
Samples: Lease Agreement