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2009_0112_Packet
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2009_0112_Packet
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provisior�s of this clause shall l�e self-aperative howe�er, Tenant, upon req�est of any party <br />in interest, shall execute promptly such agreements or instruments to effect�ate the intent <br />af this clause. Nathing contained in this clause shall materially adversely affect any of the <br />rights gran�ed t� Tenant under this Lease. <br />Furti�er, �andlord reserves t�e right to sever t�e ownership of or title to the various s�:ctians <br />of the Shopping Center or S�op�ing Center Tract and/or to place separate mortgag�es on <br />said sections, in whicf� ease the rights of Tenant will be preserved by a written declaration, <br />to be executed by the Landlord and duly recorded, creating mutuaf, reciprocal and <br />ir�terdependent rig�ts to use the parl<ir�g ar�d other corrirrzor� areas ancE �he utilities and <br />facilities needed for th� fulf use and enjoyment of the Premises by Tenan� and witl�out <br />impairing any of the duties and obligations of the �andlord to th� Tenant under this Lease. <br />�enant covenants to execute fram time to time such instrumer�ts reasanaf�ly required by <br />Landlord and/or its mortgagee to effectuate the provisions of this clause. <br />Article 17: MISCELLANEOLiS PROVISfONS <br />{a} �feadings. T�e tit��s to sections of this Lease are r�ot a part of tt�is �ease and shaif <br />have no effect upon the constructio�� or ir�terpretation of any par� hereof. <br />(b) Heirs and Assigns. All of the cavenants, agreements, terms and conditions contained <br />in this Lease shalf inure to and be �indir�g u�on Lancilord, its heirs, executors, adminis�rators, <br />successars ar�d assigns, and �enant and its permitted heirs, executors, administrators, <br />successors and assigns. If more tl�an one person or entity exec�tes �his Lease as Tenant, <br />the liability of each to pay Annual Minimum Rent and other charges and to perform all other <br />abligations hereunder shall be deemed to be joint and severaL <br />(c) Non-waiver. Waiver by Landlord of any breach of any term, co�enant or condition <br />herein cantained shal� not be deemed to be a waiver of sucf� �erm, cover�artt, or condition of <br />this L�ase, regardless of Lancllard's I<nowledge of such precedir�g breach at the time ofi <br />acceptance of Ann�a� Minimum Rent. <br />(d) No Srakers. Ter�ant represents and warrants ta Landlord that it has not engagecf <br />any broker, finder or other person other than the Brol<er listed on the DATA SHEET who <br />would f�e entitled to any comrr-cission or fees in respect of the negotiation, execution or <br />deliv�ry of this Lease, and Tenant shall indemnify and hold harmless Landlord against any <br />lass, cost, liabil€ty or expense incurred by Land#ord as a resu�t �f any claim asserted by any <br />sUCh brofcer, findet' or ot�er person o�� the �asis of any arrangements or a�reements made <br />or allegEd to �ave been made by or on be#�alf of 7enant. The provisions af this section shall <br />not appfy to brol<ers with whom Landlord has an express written br�kerage agreement. <br />(e) Entit-e Agreement. This Lease conta�ns all covenants and agreements between <br />Landford and Tenant relating in ar�y manner [o the Annual Rer�t, Tenant's use ancE occupancy <br />of the Premis�s an� the Buil�ing, and other matters set forth in this L�as�. No prior <br />agreements or understanding pertaining thereto shall be vaiic! or of force or effect and t1�e <br />17 <br />
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