Laserfiche WebLink
22.11 Agreements Between the Parties: Incorporation. All preliminary and <br />contemporaneous negotiations relating to this Lease are merged into and incorporated in this <br />Lease. This Lease shall not be modified or amended in any manner except by an instrument in <br />writing executed by the parties hereto. <br />22.12 Merger of Interests. There shall be no merger of this Lease or this leasehold <br />estate created by this Lease with any other estate or interest in the Premises or the Premises by <br />reason of the fact that the same person, firm, corporation or other entity may acquire, hold or <br />own directly or indirectly, this Lease or this Leasehold interest created by this Lease or any <br />interest therein, and any such other estate or interest in the Premises or any portion thereof. No <br />such merger shall occur unless and until all persons, firms, companies, corporations, partnerships <br />or other entities having an interest (including a security interest) in (1) this Lease or this <br />leasehold estate created hereby, including any Mortgagee, and (2) any such other estate or <br />interest in the Premises or any portion thereof, shall join in a written instrument expressly <br />effecting such merger and shall duly record the same. <br />22.13 Time of the Essence. Time is of the essence of this Lease, and all provisions <br />herein relating thereto shall be strictly construed. <br />22.14 Indemnity and Counsel. To the extent either party indemnifies and agrees to <br />defend the other under the terms of this Lease, the indemnifying party shall have the right to <br />select counsel to undertake such defense, which counsel shall be reasonably acceptable to the <br />indemnified party. <br />22.15 Counterparts. This Lease may be executed in counterparts, each of which when <br />taken together shall constitute one instrument. <br />22.16 Waivers. No waiver of any obligation or covenant contained in this Lease shall <br />be implied by any neglect of Landlord or Tenant to enforce any right, power, or remedy on <br />account of the violation of such condition, whether or not such violation be continued or repeated <br />subsequently, and no express waiver shall affect any condition other than the one specified in <br />such waiver and that one only for the time and in the manner specifically stated. Without <br />limiting the provisions of this Subsection, it is agreed that no receipt of monies by Landlord from <br />Tenant after the termination in any way of the Term or of Tenant's right of possession hereunder, <br />or after the giving of any notice, shall reinstate, continue or extend the Term or affect any notice <br />given to Tenant prior to the receipt of such monies. <br />22.17 Attorneys' Fees. Notwithstanding anything to the contrary contained in this <br />Lease, a party successful in establishing a breach by the other party or defending against an <br />alleged breach, whether in arbitration or litigation, shall be entitled to recover its reasonable legal <br />fees and costs and witness fees and costs. <br />22.18 Authority. Each party represents that all necessary action has been taken to <br />authorize and empower the individual(s) executing this Lease on such party's behalf to do so and <br />each party agrees, upon request of the other party, to provide evidence of such authority. <br />22.19 Commissions. Each party hereto hereby represents and warrants to the other that <br />in connection with the leasing of the Premises hereunder, neither Tenant nor Landlord has been <br />37 <br />