4.4 SR 05-02-2022 - Laserfiche WebLink

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Tenant and any guarantors of this Lease, which shall be certified by Tenant, and if available, shall be audited and certified by a certified public accountant. Landlord shall keep such financial statements confidential, except Landlord shall, in confidence, be entitled to disclose such �nancial statements to existing or prospective mortgagees or purchasers of the Community Center. ARTICLE 31 - GENERAL This Lease does not create the relationship of principal and agent or of partnership or of joint venture or of any association of any kind or nature between Landlord and Tenant, the sole relationship between Landlord and Tenant being that of landlord and tenant. No waiver of any default of either party hereunder shall be implied from any omission by that party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. The covenants of Tenant to pay the Rent and the Additional Rental are each independent of any other covenant, condition, or provision contained in this Lease, except as provided to the contrary in this Lease. The marginal or topical headings of the several Articles, paragraphs and clauses are for convenience only and do not de�ne, limit or construe the contents of such Articles, paragraphs or clauses. All preliminary negotiations are merged into and incorporated in this Lease. This Lease can only be modified or amended by an agreement in writing signed by the parties hereto. All provisions hereof shall be binding upon the heirs, successors and assigns of each party hereto. If any term or provision of this Lease shall to any extent be held invalid or unenforceable, the remainder shall not be affected thereby, and each other term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. If Tenant is a corporation or a limited liability company, each individual executing this Lease on behalf of said corporation or limited liability company represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation or limited liability company in accordance with a duly adopted resolution of the Board of Directors of said corporation or Board of Governors of said limited liability company or in accordance with the Bylaws of said corporation or limited liability company, and that this Lease is binding upon said corporation or limited liability company in accordance with its terms. No receipt or acceptance by Landlord from Tenant of less than the monthly rent herein stipulated shall be deemed to be other than a partial payment on account for any due and unpaid stipulated rent; no endorsement or statement of any check or any letter or other writing accompanying any check or payment of rent to Landlord shall be deemed an accord and satisfaction, and Landlord may accept and negotiate such check or payment without prejudice to Landlord's rights to (i) recover the remaining balance of such unpaid rent or (ii) pursue any other remedy provided in this Lease. (Neither party shall record this Lease or any memorandum thereof, and any such recordation shall be a breach of this Lease void, and without effect.) Time is of the essence with respect to the due performance of the terms, covenants and conditions herein contained. Submission of this instrument for examination does not constitute a reservation of or option for the Leased Premises, and this Lease shall become effective only upon execution and delivery thereof by Landlord and Tenant. ARTICLE 32 - EXCULPATION Landlord's employees and officers and council members shall never be personally liable for any judgment held by Tenant against Landlord. Tenant's employees, officers and agents shall never be personally liable for any judgment held by Landlord against Tenant. 19 zzi4s2�9