Canceled. 21.9. Any waiting period, a delay, waiver or avoidance from exercising any right by any of the parties in accordance with this Agreement and/or an attempt by that party to reach settlement or an arrangement with the other party shall not be deemed in any circumstances and in any case as waiver or as grounds for an argument of preclusion against the other party, and these shall not constitute precedent and/or waiver in advance with respect to similar or other circumstances in the future.
Canceled. 22.7. The Tenant declares that the Landlord and/or anyone acting on its behalf shall not be held liable in any manner for any damage of any kind caused to the Tenant, if caused, as a result of any activity related to the eviction of the Tenant and/or the removal of the equipment and the property from the Leased Premises and/or the storage of the equipment and the property that were made as a result of failure by the Tenant to vacate the Leased Premises on time and in contravention of the provisions set forth in this Agreement.
Canceled. 5. A. The lessor undertakes subject to the conditions of the present contract to rent the property object of the rental starting from April 5, 1998 and until April 4, 2001 (midnight) (hereinafter "the rental period").
Canceled. 3.3.3 That it is aware that the Lessor shall be entitled to introduce changes into the Urban Building Plan, in the Project plans, in the Premises and its Technical Description - at its absolute discretion, or as a result of technical or other exigencies, or the instructions of the competent authorities. The Lessee certifies and declares that the introduction of changes as aforesaid, shall not derogate from its declarations and consents as specified in this section above provided that they do not cause substantial harm to its rights under this Agreement and do not derogate from the Lessee's ability to make use of the Premises in accordance with the Purpose of the Lease as defined below. The Lessor shall report to the Lessee its intention to introduce changes in the Urban Building Plan, if these changes, as aforesaid, affect the Premises and/or the Purpose of the Lease. For the avoidance of doubt, it is clarified that changing the Urban Building Plan as aforesaid shall not restrict or limit the Purpose of the Lease and/or infringe upon the Lessee's rights.
Canceled. 6.5 For the avoidance of doubt, it is clarified that the Trustee does not have a duty to examine, and the Trustee has not in fact examined, the need to provide collateral to secure the payments to the Bondholders. The Trustee was not requested to carry out, and the Trustee in practice did not carry out an economic, accounting or legal due diligence with respect to the state of business of the Company or the subsidiaries. By entering into this Trust Deed, and by giving its consent to act as Trustee for the Bondholders, the Trustee is not expressing its opinion, either expressly or by implication, as to the economic value of the collateral, to the extent that any has been and/or will be given (if any) by the Company and as to the ability of the Company to comply with its undertakings to the Bondholders. The aforesaid shall not derogate from the Trustee’s duties under the law or under the Trust Deed, and nothing in the aforesaid will derogate from the Trustee’s duty to examine the effect of changes in the Company from the date of this Deed onward, to the extent that they are capable of adversely affecting the Company’s ability to comply with its undertakings to the Bondholders.
Canceled. 5.38 The Company is aware that the Offerees and 4Eyes are entering into this Agreement with the Company, inter alia, based on the Company’s representations set forth in this section 5 above and in reliance on the Company’s undertakings set forth in this Agreement. Such representations are correct in any material respect also on the Effective Date (except for representations that by their nature are given and true as at the signing date of this Agreement only).
Canceled. 5.7 An option is hereby given to the Lessee to notify the Lessor by December 31, 2018, that it would like to reduce the Area of the Leasehold and return to the Lessor area from the Leasehold (hereinafter: the “Returned Area”). The Returned Area will be no more than seven complete floors from the upper floors of the Leasehold, and only the floors for which the floor above is not leased to the Lessee (including a floor that the Lessee requested to cease to lease in accordance with this section) such that even after the waiver of the floor/s, the 19902/3/1746280v1 sequence between the floors included in the Leasehold will be maintained. Together with each floor from the Returned Area, 20 Parking Subscriptions by Name, or Parking Spaces Designated for All Mellanox Employees.
Canceled. 5.10 The Area of the Leasehold will be calculated as the area of the space within the outer contour line of the floor on which it is located (including the area of the pillars, interior walls, exterior walls, areas of the elevator shafts, floor-based elevator lobbies, floor-based hallways, floor-based restrooms, stairwells, safe rooms and shafts), but excluding the lobby area on the ground floor - in addition to 5% for shared areas outside of the floor. The area of the storage space in the Leasehold will be calculated when including the exterior walls in addition to 10% for the area of shared passageways outside of the storage spaces.
Canceled. 10. The lessor and/or its representative are permitted to enter the structure of the property object of the rental at any reasonable time and with previous coordination in order to verify if the instructions of the present contract are being fulfilled by the tenant, but this check and/or right to check does not give to the tenant any right to breach and/or continue to breach the present contract.
Canceled. 7. A condition for the use of the Additional Area is the Lessor’s approval that the customization works were performed in conformity with the drawings that were approved, as stated in sections 2-4 above. For the purpose of performing the customization works the Lessee undertakes to hire only the services of skilled professionals holding the necessary and proper equipment and materials as stated in the specification and in the drawings that were approved as said by the Lessor and/or anyone acting on its behalf. The Lessee shall be solely responsible for the equipment and the materials that the Lessee or anyone acting on its behalf will bring for the purpose of performing the customization works during the entire time these items are in the Building.
