THIRTY-FIFTH. This lease and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agreements hereunder on part of Tenant to be performed shall in nowise be affected, impaired or excused because Landlord is unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is delayed in making any repairs, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Landlord is prevented or delayed from so doing by reason of governmental preemption in connection with a National Emergency declared by the President of the United States or in connection with any rule, order or regulation of any department or subdivision thereof of any government agency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency.
THIRTY-FIFTH. The Tenant represents and warrants that the Tenant is not disqualified under the Trading with the Enemy Act or any other similar legislation or under the rules and regulations of any governmental department or authority, from acquiring, owning and holding any interest in real property. The breach by the Tenant of this condition shall be deemed a default within the meaning of Article Twenty-fifth of this lease.
THIRTY-FIFTH. This lease and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agreements hereunder on part of Tenant to be performed shall in nowise be affected, impaired or excused because Landlord is unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is delayed in making any repairs, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Landlord is prevented or delayed from doing so doing by reason of governmental preemption in connection with a National Emergency declared by the President of the United States or in connection with any rule, order or regulation of any department or subdivision thereof of any government agency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. THE LANDLORD COVENANTS FIRST.-That if so long as the Tenant pays the rent and "additional rent" reserved hereby, and performs and observes the covenants and provisions hereof, the Tenant shall quietly enjoy the demised premises, subject , however, to the terms of this lease, and to the mortgages above mentioned, provided however, that this covenant shall be conditioned upon the retention of title to the premises by Landlord.
THIRTY-FIFTH. In all matters not specifically provided for herein, the provisions of the General Law of Commercial Companies shall govern.
THIRTY-FIFTH. In all matters not specifically provided for herein, the provisions of the General Law of Commercial Companies shall govern. THIRTY-SIXTH.- No Claim (as defined below) shall be submitted to arbitration until 60 days have passed (without mutual agreement having been reached) following the first written notice from a Disputing Party to the other Disputing Party that sets forth the subject matter of the Claim and that states that it is being given pursuant to this Clause. Each Disputing Party shall, if requested by another Disputing Party, select and appoint a senior executive (not concerned with the day-to-day performance of the appointor's obligations under these by-laws) to serve on a panel seeking to reach mutual agreement with respect to the applicable Claim. Each such appointment shall be made by the giving of notice by the appointor to the other Disputing Parties within ten Business Days of the request for the appointment. The appointees shall meet and shall endeavor to reach such mutual agreement as soon as practicable. THIRTY-SEVENTH.- Any and all disputes, including claims, counterclaims, demands, causes of action, controversies, and other matters in question arising out of or relating to these by-laws, or the alleged breach hereof, or in any way relating to the subject matter of these by-laws or the relationship between the parties created by these by-laws (all of which are referred to herein as "Claims") between the Members (each a "Disputing Party") that are not resolved during the 60 day period provided in Clause Thirty-sixth shall be resolved by binding arbitration. THIRTY-EIGHTH.- If no such mutual agreement has been reached within such 60 day period, then any Disputing Party may refer the claim to arbitration under the following provisions:
THIRTY-FIFTH. Upon execution of this Lease, the Tenant and Landlord will commence to prepare a complete set of construction documents for the interior fit-out of the space. The Landlord anticipates a Tenant fit-out construction sequence of approximately 12 weeks from the receipt of the Mt. Laurel Township approved construction plans and permits. The Landlord and Tenant hereby agree to execute a Lease Modification Agreement following Tenant's occupancy reflecting the actual occupancy date if different from November 1, 2000 and Lease shall be modified to reflect the actual date premises is available for Tenants' occupancy. Landlord shall perform, at its expense, subject to the limitations set forth in Item Thirty-Fourth above, all of the work relating to the construction and finishing of the demised premises in accordance with the Plans that are to be approved and agreed to in writing by Tenant and Landlord ("Landlord's Work"). Landlord represents to Tenant that for a period of one (1) year after the commencement date that the Landlord's Work, the demised premises, and the systems and equipment which are part of Landlord's Work, shall be in good working order and condition and free from any and all defects. Tenant shall give written notice to Landlord within such one (1) year period of any condition of the demised premises which Tenant reasonably determines to be defective or other than as represented by Landlord herein. Landlord will, within ten (10) days after receipt of such notice from Tenant, repair any such defective condition at Landlord's sole cost and expense. In addition, Landlord shall assign to Tenant all warranties and/or guaranties with respect to the Landlord's Work. On the commencement date, Landlord and Tenant shall inspect the demised premises and prepare a list of minor and insubstantial construction items to be completed ("Punch List Items"). The Punch List Items shall be completed by the Landlord, at its sole cost and expense, within thirty (30) days following the commencement date. Notwithstanding anything to the contrary contained in this Lease, in the event Landlord has not obtained the building permits and other zoning and/or land development improvement approvals from all state and local governmental authorities and/or instrumentalities necessary to commence construction of Landlord's Work in accordance with the Plans within sixty (60) days following execution of this Lease by both parties and delivery of Tenant's plans to Landlord to be complete...
THIRTY-FIFTH. The corporation shall be dissolved in the cases set forth in Articles 229 of the General Law of Mercantile Corporations, but only in accordance with the provisions of Article 232 of said Law.
THIRTY-FIFTH. The Brokerage Firm will register in the Customer's Account, the transactions, deliveries or transfers of Securities or cash made by the Customer, the amount of the interest, returns, yields or dividends received, the redemptions made, the price of the amount of sales of instruments and rights and, in general, any balance in favor of the Customer in Securities or cash; as well as the withdrawals of Securities or cash made by the Customer and the fees, remunerations, expenses and other payments that the Customer makes or should pay as well as the transfer of the duly detailed Value Added Tax and the withholding, where applicable, of Income Tax. Thirty-sixth. The Brokerage Firm will prepare a receipt for each transaction it performs under the coverage of this agreement, which will contain all the necessary information for its identification and the amount of the transaction. This receipt and the book registration number will be available to the Customer in the office of the Brokerage Firm as of the Day following the date on which the transaction is performed, unless it is managed through an office located outside of the city in which the head offices of the Brokerage Firm are located, in which case the receipt will be available to the Customer on the second Day following the performance of the transaction. The foregoing, irrespective of whether the transaction is shown in the monthly account statement. Thirty-seventh. The Brokerage Firm will be bound to send the Customer, within the first 5 days following the monthly cut-off date, an account statement containing the list of all the transactions performed with it or on its behalf, which shows the position of the Customer's Securities and cash to the last Day of the monthly cut-off date, as well as the position of Securities and cash from the previous month. The account statement should be sent to the address indicated by the Customer in the general information section of this agreement or to any other address indicated by the Customer to this effect. Thirty-eighth. The Customer will have 20 Days following the sending of the account statement in which to object to it in writing. Otherwise, the Customer irrevocably accepts that the transactions listed in the account statement have been consented to, without the right to make any claim or compensation of any kind. In order to be able to make the objections it deems appropriate in due time, the Customer will have access to and may collect from the offices of the B...
THIRTY-FIFTH. If the demised premises shall be sublet in whole or in part by the Tenant, or any successors in interest of Tenant (or the heirs, administrators or assigns of the Tenant), the Tenant (and/or the heirs, administrators, successors, or assigns of such Tenant) will on demand of any Landlord, or owner, furnish and supply, in writing, within [35.1] days after such demand, a detailed, accurate and truthful itemized list, showing the names of any and all such sub-tenants, the terms of all such sub-tenancies, the amounts of rent paid and/or to be paid by any and all such subtenants, the date of the termination of any and all leases or tenancies given to or made with any and all such sub-tenants and any all other information which any Landlord may [35.2] request. This provision, however, shall not be construed to be a consent to any sub-letting, or a waiver of the covenant against sub-letting, contained in this lease. A violation of the provisions of this paragraph shall be deemed a breach of the lease in its entirety and upon failure of the Tenant or any successors in interest, assignee, executor or administrator to supply and furnish the aforesaid accurate written list within such [35.1] days, shall be deemed a violation of a condition entitling the Landlord to terminate this lease on ten days' notice as provided in Paragraph "Sixth" herein and as if no other period or time were mentioned herein.
THIRTY-FIFTH. The Transactions and services that Monex may provide to the Client through the Electronic Systems, include but are not limited to:
