Common use of TERMINOLOGY AND MISCELLANEOUS Clause in Contracts

TERMINOLOGY AND MISCELLANEOUS. SECTION 25.01. With respect to terminology in this Lease, each number (singular or plural) shall include all numbers, and each gender (male, female or neuter) shall include all genders. If any provision of this Lease shall ever be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions of the Lease, but such other provisions shall continue in full force and effect. The titles of the Articles in this Lease shall have no effect and shall neither limit nor amplify the provisions of the Lease itself. This Lease shall be binding upon and shall accrue to the benefit of Landlord, its successors and assigns. SECTION 25.02. In all instances where Tenant is required hereunder to pay any sum or do any act at a particular indicated time or within an indicated period, it is understood that time is of the essence. SECTION 25.03. The obligation of Tenant to pay all rent and other sums hereunder provided to be paid by Tenant and the obligation of Tenant to perform Tenant's other covenants and duties hereunder constitute independent, unconditional obligations to be performed at all times provided for hereunder. Tenant waives and relinquishes all rights which Tenant might have to claim any nature of lien against or withhold, or deduct from or off-set against any rent and other sums provided hereunder to be paid Landlord by Tenant. SECTION 25.04. Under no circumstances whatsoever shall Landlord ever be liable hereunder for consequential damages or special damages; and all liability of Landlord for damages for breach of any covenant, duty or obligation of Landlord hereunder may be satisfied only out of the interest of Landlord in the Shopping Center existing at the time any such liability is adjudicated in a proceeding as to which the judgment adjudicating such liability is non-appealable and not subject to further review. The term "Landlord" shall mean only the owner, for the time being of the Shopping Center, and in the event of the transfer by such owner of its interest in the Shopping Center, such owner shall thereupon be released and discharged from all covenants and obligations of Landlord thereafter accruing, but such covenants and obligations shall be binding during the lease term upon each new owner for the duration such owner's ownership.

TERMINOLOGY AND MISCELLANEOUS. SECTION 25.01. 28.1 With respect to terminology in this Lease, each number (singular or plural) shall include all numbers, and each gender (male, female or neuter) shall include all genders. If any provision of this Lease shall ever be held to be invalid or unenforceable, such invalidity or unenforceability enforceability shall not affect any other provisions provision of the Lease, but such other provisions shall continue in full force and effect. The titles of the Articles paragraphs in this Lease shall have no effect and shall neither limit nor or amplify the provisions of the Lease itself. This Lease shall be binding upon and shall accrue to the benefit of Landlord, its successors and assigns. SECTION 25.02. 28.2 In all instances where Tenant is required hereunder to pay any sum or do any act at a particular indicated time or within an indicated period, it is understood that time is of the essence. SECTION 25.03. 28.3 The obligation of Tenant to pay all rent and other sums hereunder provided to be paid by Tenant and the obligation of Tenant to perform Tenant's other covenants and duties hereunder constitute independent, unconditional obligations to be performed at all times provided, ,save and except only when an abatement or reduction is expressly provided for hereunderin this Lease and not otherwise. Tenant waives and relinquishes all rights which Tenant might have to claim any nature of lien against or withhold, or deduct from or off-set offset against any rent and other sums provided hereunder to be paid Landlord by Tenant. Tenant waives and relinquishes any right to assert, either as a claim or as a defense, that Landlord is bound to perform or liable for the non-performance of any implied covenant or implied duty not expressly herein set forth. SECTION 25.04. 28.4 Under no circumstances whatsoever shall Landlord ever be liable hereunder for consequential damages or special damages; and all liability of Landlord for damages for breach of any covenantof its covenants, duty duties or obligation of Landlord hereunder obligations may be satisfied only out of the its interest of Landlord in the Shopping Center existing at Complex and the rents issues and profits therefrom arising after the time any such liability is adjudicated in a proceeding as to which the judgment adjudicating such liability is non-appealable and not subject to further review. The term "Landlord" shall mean only the owner, for the time being of the Shopping Center, and in the event of the transfer by such owner of its interest in the Shopping Center, such owner shall thereupon be released and discharged from all covenants and obligations of Landlord thereafter accruing, but such covenants and obligations shall be binding during the lease term upon each new owner for the duration such owner's ownership.

TERMINOLOGY AND MISCELLANEOUS. SECTION 25.01Section 24.01. With respect to terminology in this Lease, each number (singular or plural) shall include all numbers, and each gender (male, female or neuter) shall include all genders. If any provision of this Lease shall ever be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions of the Lease, but such other provisions shall continue in full force and effect. The titles of the Articles in this Lease shall have no effect and shall neither limit nor amplify the provisions of the Lease itself. This Lease shall be binding upon and shall accrue to the benefit of Landlord, its successors and assigns. SECTION 25.02Section 24.02. In all instances where Landlord or Tenant is required hereunder to pay any sum or do any act at a particular indicated time or within an indicated period, it is understood that time is of the essence. SECTION 25.03Section 24.03. The obligation So long as Tenant has not been wrongfully or constructively evicted from the Leased Premises, the doctrine of Tenant independent covenants will apply in all matters relating to pay this Lease including, without limitation, all rent obligations of Landlord and other sums hereunder provided to be paid by Tenant and the obligation of Tenant to perform their respective obligations under this Lease. The preceding sentence shall apply notwithstanding that Landlord may have defaulted in fulfilling a covenant to maintain or repair the Leased Premises even if such default results in the unsuitability of the Leased Premises for Tenant's other covenants and duties hereunder constitute independent, unconditional obligations to be performed at all times provided for hereunder’s intended commercial use. Tenant waives and relinquishes all rights which Tenant might have to claim any nature of lien against or withhold, or deduct from or off-set against any rent and other sums provided hereunder to be paid Landlord by Tenant. SECTION 25.04Section 24.04. Under no circumstances whatsoever shall Landlord or Tenant ever be liable hereunder for consequential damages consequential, exemplary or special damages; and all liability of Landlord for damages for breach of any covenant, duty or obligation of Landlord hereunder may be satisfied only out of the interest of Landlord in the Shopping Center Commercial Park existing at the time any such liability is adjudicated in a proceeding as to which the judgment adjudicating such liability is non-appealable and not subject to further review, and any proceeds thereof. The term "“Landlord" ” shall mean only the owner, for the time being of the Shopping CenterCommercial Park, and in the event of the transfer by such owner of its interest in the Shopping CenterCommercial Park, such owner shall thereupon be released and discharged from all covenants and obligations of Landlord thereafter accruingaccruing (but not from any accrued but unperformed obligations of Landlord), but such covenants and obligations shall be binding during the lease term upon each new owner for the duration of, and with respect to the period of, such owner's ’s ownership. Section 24.05. [Intentionally omitted].

TERMINOLOGY AND MISCELLANEOUS. SECTION 25.0119.01. With respect to terminology in this LeaseEasement, each number (singular or plural) shall include all numbers, and each gender (male, female or neuter) shall include all genders. If any provision of this Lease Easement shall ever be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions of the LeaseEasement, but such other provisions shall continue in full force and effect. 19.02. The titles of the Articles in this Lease Easement shall have no effect and shall neither limit nor amplify the provisions of the Lease Easement itself. This Lease Easement shall be binding upon and shall accrue to the benefit of LandlordGrantor, its successors and assigns, Grantee, its successors and assigns (or heirs, executors, administrators and assigns, as the case may be). SECTION 25.0219.03. In any circumstances where Grantor is permitted to enter upon the Premises during the Easement term, whether for the purpose of curing any default of Grantee, repairing damages resulting from fire or other casualty or an eminent domain taking or is otherwise permitted hereunder or by law to go upon the Premises, no such entry shall constitute an eviction or disturbance of Grantee’s use and possession of the Premises. Such entry shall not constitute (i) a breach by Grantor of any of its obligations hereunder; (ii) render Grantor liable for damages for loss of business or otherwise; (iii) entitle Grantee to be relieved from any of its obligations hereunder or; (iv) grant Grantee any right of offset or recoupment or other remedy. In connection with any such entry incident to performance of repairs, replacements, maintenance, or construction, all instances where Tenant is of the aforesaid provisions shall be applicable notwithstanding that Grantor may elect to take building materials in, to, or upon the Premises that may be required hereunder to pay any sum or do any act at a particular indicated time or within an indicated period, it is understood that time utilized in connection with such entry by Grantor. 19.04. Time is of the essenceessence of this Easement. SECTION 25.0319.05. The obligation of Tenant Grantee to pay all rent Rent and other sums hereunder provided to be paid by Tenant Xxxxxxx and the obligation of Tenant Grantee to perform Tenant's Xxxxxxx’s other covenants and duties hereunder constitute independent, unconditional obligations to be performed at all times provided for hereunder. Tenant waives and relinquishes all rights which Tenant might have to claim any nature of lien against or withhold, or deduct from or off-set against any rent and other sums provided hereunder to be paid Landlord by Tenant. SECTION 25.0419.06. Under no circumstances whatsoever shall Landlord Grantor ever be liable hereunder for consequential damages or special damages; . 19.07. All monetary obligations of Grantee are performable exclusively in Anahuac, Chambers County, Texas. 19.08. Grantee hereby acknowledges that late payment by Grantee to Grantor or Rent or any other sums due under this Easement will cause Grantor to incur various expenses not contemplated by this Easement, the exact amount of which are presently difficult to ascertain. Accordingly, if any payment of Rent, or any other sum due from Grantee under this Easement shall not be received by Grantor when due then, in addition to such required payment, Grantee shall also pay to Grantor a “Late Charge” equal to ten cents ($.10) for each One Dollar ($1.00) so past due. Grantor and all liability of Landlord for damages for breach of any covenant, duty or obligation of Landlord hereunder may be satisfied only out Xxxxxxx agree that such Late Charge represents a fair and reasonable estimate of the interest expenses that Grantor will incur by reason of Landlord in the Shopping Center existing at the time such late payment by Xxxxxxx. Acceptance of such Late Charge by Grantor shall not constitute a waiver of Grantee’s default with respect to any such liability past due amounts, nor prevent Grantor from exercising any other rights and remedies granted to Grantor under this Easement or at law or in equity. Such Late Charge shall constitute additional rental payable by Grantee under this Easement and is adjudicated in a proceeding as to which the judgment adjudicating such liability is non-appealable and not subject to further review. The term "Landlord" shall mean only the owner, for the time being of the Shopping Centeraddition to, and in separate, from the event of the transfer Rent and other charges payable under this Easement by such owner of its interest in the Shopping Center, such owner shall thereupon be released and discharged from all covenants and obligations of Landlord thereafter accruing, but such covenants and obligations shall be binding during the lease term upon each new owner for the duration such owner's ownershipGrantee.