|
rental payments, taxes, insurance and other obligations of the parties hereto
<br />shall be prorated as of the date of said termination.
<br />22. SURRENDER. On the last day of the term of this lease or on the
<br />sooner termination thereof, the Lessee shall peaceably surrender the premises
<br />in good condition and repair, reasonable wear and tear excepted, consistent
<br />with the Lessee's duty to make repairs as provided in Section 8 hereof. On or
<br />before the last day of the term of this lease or the sooner termination thereof,
<br />the Lessee shall at its expense remove all of its equipment from the premises,
<br />and any property not removed shall be deemed abandoned. All alterations,
<br />additions, and fixtures, other than the Lessee's equipment, which have been
<br />made or installed by either the Lessor or Lessee on the premises shall remain
<br />as the Lessor's property and shall be surrendered with the premises as a part
<br />thereof. If the premises are not surrendered at the end of the term or on the
<br />sooner termination thereof, the Lessee shall indemnify the Lessor against any
<br />loss or liability, including reasonable attorneys fees and costs, resulting from
<br />delay by the Lessee in so surrendering the premises, including without
<br />limitation claims made by any succeeding tenant founded on such delay. The
<br />Lessee shall promptly surrender all keys for the premises to the Lessor at the
<br />place then fixed for payment of rent and shall inform the Lessor of
<br />combinations on any locks and safes on the premises. In no event shall the
<br />Lessee be deemed to have abandoned the premises or this lease during the
<br />terms hereof unless the Lessee first obtains the express permission of the
<br />Lessor. The provisions of this section shall survive the termination of this
<br />lease.
<br />23. COVENANTS TO HOLD HARMLESS. Except in the case of the
<br />gross negligence of the Lessor, its agents, or its employees, the Lessee agrees
<br />to save, hold harmless, and defend the Lessor against any liability for
<br />damages, including reasonable attorneys fees and costs, to any person or
<br />property in or about the premises. The Lessor shall not be liable to the Lessee,
<br />its agents, employees, representatives, customers, or invitees for any personal
<br />injury, death, or damage to property caused by theft, burglary, water, gas,
<br />electricity, fire, or for any other cause occurring on or about the premises. All
<br />property kept, stored, or maintained in the premises shall be so kept, stored,
<br />or maintained at the sole risk of the Lessee. The Lessee agrees to promptly
<br />pay all sums of money in respect of labor, services, materials, supplies, or
<br />equipment furnished or alleged to have been furnished to the Lessee in or
<br />about the premises.
<br />24. NO PARTNERSHIP, JOINT VENTURE, OR FIDUCIARY
<br />RELATIONSHIP CREATED HEREBY. Nothing contained in this lease shall be
<br />interpreted as creating a partnership, joint venture, or relationship of principal
<br />and agent between the Lessor and the Lessee, it being understood that the
<br />sole relationship created hereby is one of landlord and tenant.
<br />
|