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27. No Representations by Landlord
Landlord and/or Landlord’s agents, servants and/or
employees have not made any representations nor
promises of any kind to Tenant as to the physical
condition of the Premises and/or Office or as to the
financial condition and health or as to the operation of the
Premises except as specifically set forth in this Lease
and Tenant does not acquire any rights, easements or
licenses except as specifically set forth in this Lease.
Tenant has accepted the Office in its “as is” condition
after having thoroughly inspecting same and without
relying on any representations made by Landlord, its
agents, servants and/or employees. Tenant’s occupation
of the Office is conclusive proof that the Office and
Premises are in good and satisfactory condition at the
date Tenant first occupies the Office.
28. Non-merger
All prior agreements, understandings and
representations are merged in this Lease which fully
expresses the parties’ agreement and this Lease may
only be amended or modified or terminated, other than on
the Termination Date, by written agreement signed by
Tenant and Landlord.
29. Non-Disturbance
As long as Tenant pays Rent and Additional Rent
and complies fully with all of the terms, provisions and
conditions of this Lease on Tenant’s part to be
performed, Tenant may peacefully occupy the Office
subject too any mortgage, ground lease or underlying
lease.
30. Waiver
Tenant and Landlord hereby waive trial by jury in
any action, proceeding or litigation brought by one
against the other or in which either party is brought in by
a third party, except for personal injury or property
damage actions, in which any of the terms, provisions
and/or conditions of this Lease or any statutory remedy is
involved or the use and/or occupancy of the Office is at
issue. Tenant and Landlord agree that in any action
seeking possession of the Office, Tenant will not impose
any counterclaim or set-off against Landlord of any kind
or nature except if mandated by statute.
31. Notices
Any notice, statement or communication which
Landlord is to give to Tenant, shall be deemed to be
sufficiently given if it is in writing and delivered personally
to Tenant or sent by certified mail or overnight courier
addressed to Tenant at the Office or other business
address of Tenant or at the residence of Tenant or left at
any one of the addresses and the time of giving such
notice, statement or communication shall be deemed
given at the time same are left with or mailed or delivered
to the overnight courier. Any notice to be given by
Tenant to Landlord must be given by certified mail or
overnight courier at Landlord’s address above.
32. Rules
Tenant, its agents, servants and/or employees,
licensees, business guests or visitors shall comply strictly
and faithfully with the Rules that Landlord may adopt, at
any time, notice of which shall be given to Tenant.
Landlord may choose the manner in which said notice is
given. In the event that Tenant disputes the
reasonableness of any Rule, Tenant and Landlord agree
to submit such dispute to the American Arbitration
Association, New York, New York for binding arbitration
provided Tenant gives written notice to Landlord within
twenty (20) days of receipt of notice of adoption of the
Rule or Rules. Notwithstanding the provisions of this
Paragraph, Landlord is not under any obligation to
enforce the Rules with respect to any other tenant in the
Premises or to enforce any term, condition or provision of
any other lease. Landlord is not liable to Tenant for any
damages caused by another tenant violating the Rules or
any term, provision or condition of that tenant’s lease.
33. Definitions
Wherever and whenever used in this Lease, the
following definitions shall be ascribed to these words:
a) “Business Day” shall mean the days of the week
except Saturday and Sunday and except legal holidays
observed by either Staten of Federal Governments and
those set forth in any union contract which applies to the
Premises
b) “Office” or “Offices” shall not mean Premises but
shall mean premises other than those utilized for the sale
of goods and merchandise or for the display of same, or
a restaurant, shop, machine shop, manufacturing plant or
other retail establishment.
c) “Landlord” shall mean the owner of the Premises
or a lessee thereof, or a mortgagee in possession and
should there be a sale or lease of the entire Premises,
Landlord is released form all obligations and liabilities
under this Lease and it will be conclusively presumed that
the purchaser or lessor will perform the obligations and
liabilities of Landlord herein.
d) “Re-enter” and “Re-entry” are not to be strictly
taken in their legal definitions.
34. Estoppel Certificate
Upon fifteen (15) prior written notice to Tenant,
Tenant shall execute and deliver to Landlord or to any
other entity that Landlord directs, a certificate, in
recordable form, stating that the Lease, as it exists on the
date of the certification, is in full force and effect, that it
has not be amended, modified or terminated, the date to
which Rent and Additional Rent has been paid and
setting forth specifically if any defaults exist on the part of
Landlord.
35. Subordination
The Lease is subject and subordinate to all existing
and future mortgages or ground leases or underlying
leases which affects the Premises and to all renewals,
modifications or replacements thereof without the
necessity of any notice or written instruments and Tenant
shall, at Landlord request, execute a document to this
effect.
36. Surrender of Office
Upon the Termination Date or other termination of
this Lease, Tenant shall vacate and surrender the Office
in broom clean condition and in good condition,
reasonable wear and tear excepted and free from
Tenant’s property. All damages which were caused by or
on behalf of Tenant shall be repaired by Tenant at
Tenant’s sole cost and expense prior to the surrender of
the Office. This Paragraph survives the Termination Date
or the date of other termination of this Lease. Should the
Termination Date be a Sunday or legal holiday, the
Termination Date shall be the immediate previous day.
37. Parties Bound
This Lease is binding upon Landlord and Tenant and
their respective assignees and/or successors in interest.
Should Tenant obtain a judgment against Landlord,
Tenant shall look only to Landlord’s interest in the
Premises for the collection of same.
38. Paragraph Headings
Paragraph headings are for reference only.
39. Effectiveness
This Lease shall become effective as of the date
when Landlord delivers a fully executed copy hereof to
Tenant or Tenant’s attorney.
40. Riders
Additional terms are contained in the riders annexed
hereto and designated Rider _________________.
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