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Reso 2015-2370
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Reso 2015-2370
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Last modified
3/26/2015 9:45:28 AM
Creation date
3/4/2015 4:20:11 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2015-2370
Date (mm/dd/yyyy)
01/15/2015
Description
Gateway Park Restaurant Lease Agmt w/Fly Me to the Moon, LLC
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invalidity,illegality or unenforceability shall not affect any other provision of this Lease, but this <br /> Lease shall be construed as if such invalid, illegal or unenforceable provision had never been <br /> contained herein. Furthermore, in the event that the application of any provision of this Lease to <br /> any person or circumstance shall for any reason be held to be invalid, illegal or unenforceable, in <br /> whole or in part, or in any respect or to any extent, then, and in any event, such invalidity, <br /> illegality or unenforceability shall not be deemed to affect the application of such provision to <br /> the extent that such application is legal, valid and enforceable nor the application of such <br /> provision to any person or entity or circumstance against whom or which such application is <br /> legal, valid and enforceable. <br /> 30,2 Entire Agreement. This Lease contains the entire agreement between the parties <br /> with respect to the subject matter hereof and supersedes any and all prior and contemporaneous <br /> negotiations, representations, understandings and agreements, whether written or oral, all of <br /> which are merged into this Lease. <br /> 30.3 Survival. All of the provisions of this Lease which could require enforcement or <br /> application after the expiration or any earlier termination of this Lease (including, without <br /> limitation, all indemnities contained in this Lease) shall survive the expiration or any earlier <br /> termination of this Lease. <br /> 30.4 Time of the Essence. Time is of the essence for each of the parties to perform its <br /> obligations under this Lease. <br /> 30.5 Interpretation. The captions used in this Lease are for convenience of reference <br /> only and shall not be construed to extend, limit or modify the scope or meaning of the respective <br /> paragraphs to which they relate. This Lease shall not be construed more strictly against one <br /> party than against the other merely by virtue of the fact that this Lease may have been physically <br /> prepared by one of the parties, or such party's counsel, it being agreed that all parties and their <br /> respective counsel have mutually participated in the negotiation and preparation of this Lease. <br /> 30.6 No Recording. Neither this Lease nor any notice or memorandum hereof shall be <br /> recorded or otherwise filed, and any attempt by or on behalf of Lessee to do so shall constitute a <br /> default under this Lease and shall entitle Lessor to exercise any and all remedies provided for <br /> herein,at law and/or in equity. <br /> 30.7 Counterparts. This Lease may be executed in one or more counterparts, each of <br /> which shall be deemed an original, and it shall not be necessary in making proof of this Lease to <br /> produce or account for more than one such counterpart, executed by all of the parties hereto. <br /> 30.8 Modifications., Waivers., Remedies Cumulative. No amendment, modification, <br /> waiver or discharge of this Lease, or any provision hereof (including, without limitation, this <br /> sentence) shall be valid or effective unless in writing and signed by the party against whom <br /> enforcement of such amendment, modification, waiver or discharge is sought and then only to <br /> the extent set forth in such writing. No delay or omission of any party in exercising any right, <br /> power or remedy accruing under or pursuant to this Lease, at law, in equity, or otherwise, shall <br /> exhaust or impair any right, power or remedy of any party or shall be construed to waive any <br /> such right,power or remedy. Every right, power and remedy of the parties under this Lease may <br />
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