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07-28-14 Council Agenda & Packet
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07-28-14 Council Agenda & Packet
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
7/28/2014
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16.6 Agreement Binding Upon Successors. The covenants, agreements and <br />obligations herein contained shall extend to, bind and inure to the benefit not. only of the parties <br />hereto, and their respective personal representatives, heirs, successors and assigns. <br />16.7 Estoppel Certificate. Without charge and at any time and from time to <br />time hereafter, within ten (10) days after the written request of the other party, either Lessor or <br />Lessee as the case may be, shall certify by a written instrument duly executed and acknowledged <br />to any mortgagee or purchaser, or proposed mortgagee or proposed purchaser, or any other <br />person, firm or corporation specified by Lessor or any lender specified by Lessee, as to the <br />validity and force and effect of this Lease, in accordance with its tenor, as then constituted, as to <br />the existence of any default on the part of any party thereunder, as to the existence of any offsets, <br />counterclaims or defenses thereto on the part of Lessee, and as to any other matters that may be <br />reasonably requested by Lessor. <br />16.8 Limitation of Liability. Anything to the contrary herein contained <br />notwithstanding, there shall be absolutely no personal liability on persons, firms or entities who <br />constitute Lessor with respect to any of the terms, covenants, conditions and provisions of this <br />Lease, and Lessee shall look solely to the interest of Lessor, its successors and assigns, in the <br />Building of which the Premises are a part for the satisfaction of each and every remedy of Lessee <br />in the event of default by Lessor hereunder; such exculpation of personal liability is absolute and <br />without any exception whatsoever. <br />16.9 Time is of the Essence. Time is and shall be of the essence of this Lease <br />and of each term or provision hereof. <br />16.10 Consents. Wherever this Lease requires the approval or consent of one <br />party to a matter proposed by another party, Lessor and Lessee agree that: (a) the proposal and <br />the granting or denial of approval or consent shall be in writing; and (b) approval or consent shall <br />not be unreasonably withheld, conditioned or delayed. <br />16.11 Severability. If any term or provision of this Lease or the application <br />thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the <br />remainder of this Lease, or the application of such term or provision to persons or circumstances <br />other than those to which it is held invalid or unenforceable, shall not be affected thereby, and <br />each term and provision of this Lease shall be valid and be enforceable to the fullest extent <br />permitted by law. <br />16.12 Headings. The headings of the articles of this instrument are for <br />convenience and reference only and the words contained therein shall in no way be held to <br />explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of <br />this Lease. <br />16.13 Termination for Non - appropriation. Notwithstanding any other provision <br />of this Lease, if funds for the continued fulfillment of this Lease by Lessee are at any time <br />insufficient or not forthcoming through failure of any entity to appropriate funds or otherwise, <br />then Lessee shall have the right to terminate this Lease without penalty by giving written notice <br />documenting the lack of funding, in which instance unless otherwise agreed to by the parties, this <br />-12- <br />U&54381124.05 <br />
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