CCP 04-27-1998 - Laserfiche WebLink

Home Browse Search

purchaser or encumbrancer of all or any portion of the [ndustrial Center or any interest therein. Lessee sball, within ten (to) days following request of Lessor, deliver such other documents, . including Lessee's financial statements, as are reasonably requested in connection with the sale of, or a loan to be secured by, any portion of the Industrial Center or any interest therein. (b) If Lessor desires to finance, refinance, or sell the Property, or any part thereof, Lessee hereby agrees to deliver to any (ender or purchaser designated by Lessor such financial statements of Lessee as may be reasonably required by such lender or purchaser. Such statements shall include the past three (3) years' financial statements of Lessee. All such financial statements sball be received by Lessor and such lender or purchaser in confidence and shall be Llsed only ror lhe purposes herein set forth. 17. Lessor's Liability. The term "Lessor" as used herein shall mean only the owner or owners. at the time in question, of the fee title or a lessee's interest in a ground lease of the Industrial Center, and except as expressly provided in paragraph 15, in the event of any transfer of such title or interest, Lessor herein named (and in case of any subsequent transfers, then the grantor) shall be relieved from and after the date of such transfer of all liability as respects Lessor's obligations thereafter to be perfonned, provided that any funds in the hands of Lessor or the then grantor at the time of such transfer, in which Lessee has an interest. shall be delivered to the grantee. The obligations contained in this Lease to be perfomlcd by Lessor shalt, subject as aforesaid, bc binding on Lessor's successor and assigns, only during their respective periods of ownership. 18. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 19. Interest on Past-due Obligations. Except as expressly herein provided, any amount due to Lessor and not paid when due shall bear interest at the maximum rate then allowable by law from the date due. Payment of such interest shall not excuse or cure any default by Lessee under this Lease; provided, hO\vever, that interest shall not be payable on late charges incurred by Lessee nor on any amounts upon which late charges are paid by Lessee. 20. Time or Essence. Time is of the essence of the obligations to be perfonned under this . Lease. 21. Additional Rent. All monetary obligations of Lessee to Lessor under the tenus of this Lcase, including but not limited to Lessee's Share of Operating Expenses and insurance and tax expenses payable, shall be deemed to be rent. 22. Incorporation of Prior Agreements; Amendments. This Lease contains aU agreements of the parties with respect to any matter mentioned herein. No prior or contemporaneous agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the time of the modification. Except as otheT\vise stated in this Lease, Lessee hereby acknowledges that neither the real estate broker listed in paragraph 15 hereof nor any cooperating broker on this transaction nor the Lessor or any employee or agent of any of said persons has made any oral or written warranties or representations to Lessee relative to the condition or use by Lessee of the Premises or the Property, and Lessee acknowledges that Lessee assumes all responsibility regarding the .. j' Occupational Safety and Health Act, the legal use and adaptability of the Premises, and the compliance thereof with all applicable laws and regulations in effect during the term of this Lease except as otherwise specifically stated in this Lease. 23. Notices. Any notice required or permitted to be given hercunder shall be in writing and may be given by personal delivery or by certified mail, and if given personally or by mail, shall be deemed sufficiently given if addressed to Lessee or to Lessor at the address noted below the signature of the respective parties, as the case may be. Either party may by notice to the other specify a different address for notice purposes except that upon Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for notice purposes. A copy of all notices required or permitted to be given to Lessor hereunder shall be concurrently transmitted to such party or parties at such addresses as Lessor may from time to time hereafter designate by notice to Lessee. 24. Wahlers. No waiver by Lessor of any provision hereof shall be deemed a waiver of any . other provision hereof or of any subsequent breach by Lessee of the same or any other provision. Lessor's consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Lessor's consent to or approval of any subsequent act by Lessee. The acceptance of \\!.lINN~~1'OU511l0LtI5UPI'ORT'\AAOATA\AN8\......r"."""'U\AGlIEI'.!.lEM..~,I1Jl<Ot.d page 17 << (S:WVATAlAM8IGENERALIFORMSlREfT-LE-M.OOC)