Common use of Matters of Construction Clause in Contracts

Matters of Construction. All exhibits attached and referred to in this Lease are hereby incorporated herein as fully set forth in (and shall be deemed to be a part of) this Lease. This Lease contains the entire agreement between the parties respecting the matters herein set forth and supersedes all prior agreements between the parties hereto respecting such matters. Subject to this Section 20, time is of the essence of this Lease. Whenever action must be taken (including the giving of notice or the delivery of documents) under this Lease during a certain period of time (or by a particular date) that ends (or occurs) on a non-business day, then such period (or date) shall be extended until the immediately following business day. As used herein, "business day" means any day other than a Saturday, Sunday or federal or Florida state holiday. If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section headings shall not be used in construing this Lease. Except as expressly provided in this Lease to the contrary, no remedy conferred upon a party in this Lease is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided). No waiver by a party of any breach of this Lease or of any warranty or representation hereunder by the other party shall be deemed to be a waiver of any other breach by such other party (whether preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or performance by a party after any breach by the other party shall be deemed to be a waiver of any breach of this Lease or of any representation or warranty hereunder by such other party, whether or not the first party knows of such breach at the time it accepts such payment or performance. No failure or delay by a party to exercise any right it may have by reason of the default of the other party shall operate as a waiver of default or modification of this Lease or shall prevent the exercise of any right by the first party while the other party continues to be so in default. Except as otherwise expressly provided herein, any approval or consent provided to be given by a party hereunder may be given or withheld in the absolute discretion of such party. This Lease shall be construed and enforced in accordance with the internal laws of the State of Florida (without regard to conflicts of law). Except as expressly provided herein to the contrary, nothing in this Lease, expressed or implied, is intended to confer any rights or remedies upon any person, other than the parties hereto and, subject to the restrictions on assignment herein contained, their respective successors and assigns. This Lease may be amended only by written amendments executed by all parties. This Lease may be executed in any number of counterparts, provided each of the parties hereto executes at least one counterpart; each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement.

Appears in 2 contracts

Samples: Real Property Purchase and Sale Agreement (Hines Horticulture Inc), Lease (Hines Horticulture Inc)

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Matters of Construction. All exhibits attached and referred to in this Lease Agreement are hereby incorporated herein as fully set forth in (and shall be deemed to be a part of) this LeaseAgreement. This Lease Agreement contains the entire agreement between the parties respecting the matters herein set forth and supersedes all prior agreements between the parties hereto respecting such matters. Subject to this Section 2010.11, time is of the essence of this LeaseAgreement. Whenever action must be taken (including the giving of notice or the delivery of documents) under this Lease Agreement during a certain period of time (or by a particular date) that ends (or occurs) on a non-business day, then such period (or date) shall be extended until the immediately following business day. As used herein, "business day" means any day other than a Saturday, Sunday or federal or Florida state holiday. If any term or provision of this Lease Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this LeaseAgreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Lease Agreement shall be valid and be enforced to the fullest extent permitted by law. Section headings shall not be used in construing this LeaseAgreement. Except as expressly provided in this Lease Agreement to the contrary, no remedy conferred upon a party in this Lease Agreement is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided). No waiver by a party of any breach of this Lease Agreement or of any warranty or representation hereunder by the other party shall be deemed to be a waiver of any other breach by such other party (whether preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or performance by a party after any breach by the other party shall be deemed to be a waiver of any breach of this Lease Agreement or of any representation or warranty hereunder by such other party, whether or not the first party knows of such breach at the time it accepts such payment or performance. No failure or delay by a party to exercise any right it may have by reason of the default of the other party shall operate as a waiver of default or modification of this Lease Agreement or shall prevent the exercise of any right by the first party while the other party continues to be so in default. Except as otherwise expressly provided herein, any approval or consent provided to be given by a party hereunder may be given or withheld in the absolute reasonable discretion of such party. This Lease Agreement shall be construed and enforced in accordance with the internal laws of the State of Florida (without regard to conflicts of law). Except as expressly provided herein to the contrary, nothing in this LeaseAgreement, expressed or implied, is intended to confer any rights or remedies upon any person, other than the parties hereto and, subject to the restrictions on assignment herein contained, their respective successors and assigns. This Lease Agreement may be amended only by written amendments executed by all parties. This Lease Agreement may be executed in any number of counterparts, provided each of the parties hereto executes at least one counterpart; each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement.

Appears in 1 contract

Samples: Real Property Purchase and Sale Agreement (Hines Horticulture Inc)

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Matters of Construction. All exhibits attached and referred to in this Lease Agreement are hereby incorporated herein as fully set forth in (and shall be deemed to be a part of) this LeaseAgreement. This Lease Agreement contains the entire agreement between the parties respecting the matters herein set forth and supersedes all prior agreements between the parties hereto respecting such matters. Subject to this Section 2011.8, time is of the essence of this LeaseAgreement. Whenever action must be taken (including the giving of notice or the delivery of documents) under this Lease Agreement during a certain period of time (or by a particular date) that ends (or occurs) on a non-business day, then such period (or date) shall be extended until the immediately following business day. As used herein, "β€œbusiness day" ” means any day other than a Saturday, Sunday or federal or Florida state California State holiday. If any term or provision of this Lease Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this LeaseAgreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Lease Agreement shall be valid and be enforced to the fullest extent permitted by law. Section headings shall not be used in construing this LeaseAgreement. Except as expressly provided in this Lease Agreement to the contrary, no remedy conferred upon a party in this Lease Agreement is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided). No waiver by a party of any breach of this Lease Agreement or of any warranty or representation hereunder by the other party shall be deemed to be a waiver of any other breach by such other party (whether preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or performance by a party after any breach by the other party shall be deemed to be a waiver of any breach of this Lease Agreement or of any representation or warranty hereunder by such other party, whether or not the first party knows of such breach at the time it accepts such payment or performance. No failure or delay by a party to exercise any right it may have by reason of the default of the other party shall operate as a waiver of default or modification of this Lease Agreement or shall prevent the exercise of any right by the first party while the other party continues to be so in default. Except as otherwise expressly provided herein, any approval or consent provided to be given by a party hereunder may be given or withheld in the absolute discretion of such party. This Lease Agreement shall be construed and enforced in accordance with the internal laws of the State of Florida California (without regard to conflicts of law). Except as expressly provided herein to the contrary, nothing in this LeaseAgreement, expressed or implied, is intended to confer any rights or remedies upon any person, other than the parties hereto and, subject to the restrictions on assignment herein contained, their respective successors and assigns. This Lease Agreement may be amended only by be written amendments executed by all parties. This Lease Agreement may be executed in any number of counterparts, provided each of the parties hereto executes at least one counterpart; each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement.

Appears in 1 contract

Samples: Real Property Purchase and Sale Agreement and Escrow Instructions (G Reit Inc)

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