Reso 2005-787 - Laserfiche WebLink

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Lease shall inure to the benefIt of and 5.ha1\ be binding upon the ass1gns and 5.1Jccessors in interes.t of each of the parties hereto and all persons claiming by. through or under them 35. Entire A~reement. This Lease, together with its exhibits, contains all agreements of the parties hereto with respect to the subject matter hereof and supersedes any previous negotiations or commitments. There have been no representations made by the Landlord or understandings made between the parties regarding the leasing of the Premises by Tenant other than those set forth in this Lease and its exhibits. Each of the paJlies is willing to and does hereby assume joint responsibility for the form and composition of each and all of the contents of this Lease, and they ful1her agree that this instrument shall be interpreted as though each of the parties participated equally in the composition of this instrument, and each and ever)' party thereof. ~ 36. Recordation. Tenant may not record this Lease or any memorandum hereof without the prior written consent of Landlord. Contemporaneous with Landlord's execution of this Lease, Landlord shall execute and deliver to Tenant a recordable Memorandum 'of Lease substantially in the fonn of Exhibit "C". Tenant shall thereafter execute, acknowledge and, within \~,irt)' (30) days of iecelpt, record said Memorandum of Lease 37. Exhibits. Attached to this Lease and a part hereof are exhibits and schedules identified as follows: Exhibit "A" (Legal Description), Exhibit "B II (Rent). Exhibit "e" (Memorandum of Lease) and Exhibit "D" (Guaranty of Lease) and Schedule 1 (Permitted Encumbrances) and Schedule lA (Survey). 38. Covenants and Conditions. Each provision of this Lease performable by Tenant shall be deemed both a covenant and a condition. 39. Surviv~l. Except as otherwise expressly provided herein, all oblJgations, covenants, warranties and representations shall survive the expiration or prior termination of this Lease. 40. NQ Joint Venture. The parties intend by this Lease to establish the relationship of Landlord and Tenant only, and do not intend to create a partnership, joint Venture, joint enterprise or any business relationship other than that of Landlord and Tenant. 41. Calendar Days and Business Days. All time periods described in this Lease in terms of days shall mean calendar days unless otherwise proY~ed herein. If any last day for performance of any act falls upon a day either of the parties is not open for business, such last day will be the next folJowing business day. 42. Subordination. Nondisturbance and Attornment. A Tenant shall upon demand execute, acknowledge and deljver to Landlord, any and all Instruments that may be reasonably necessary to subordinate this Lease and all rights of MLA9SJO!l7124S-1 27 --r-r- S~B