Tenant and Landlord. EXPRESSLY AGREE THAT THERE ARE AND SHALL BE NO IMPLIED WARRANTIES OR MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE EXPRESSLY SET FOR IN THIS LEASE.
Tenant and Landlord. EXPRESSLY AGREE THAT THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE EXPRESSLY SET FORTH IN THIS LEASE.
Tenant and Landlord acknowledge that Tenant has held annual minimum rent and additional rent accruing with respect to the Additional Premises for the period of time from and after January 1, 2003 in escrow pending resolution of the status of the Catalyst Lease and the Catalyst Sublease (as defined herein). Upon execution of this Modification by Tenant, Tenant shall pay to Landlord annual minimum rent and additional rent for the Additional Premises for the period from January 1, 2003 through the last day of January 2004 in the amount of ONE HUNDRED SIXTEEN THOUSAND NINETY FIVE AND 57/100 ($116,095.57) DOLLARS (which together with rent previously paid by Tenant with respect to the Existing Premises, the Landlord accepts in full satisfaction of the amount owed pursuant to Section 6(B), above, for the period from January 1, 2003 through February 29 , 2004, subject to year end reconciliation for additional rent.). As between Landlord and Tenant, Landlord hereby waives any rights or remedies it may have (either under the Lease, the Catalyst Lease, or the Catalyst Sublease) with respect to such payments, the underlying rent or costs to which the payments relate, or the timing of such payments.
Tenant and Landlord. EACH HEREBY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE.
Tenant and Landlord acknowledge that from time to time parking may be temporarily reduced due to weather conditions, repairs to the parking structure or to the Building, construction within the parking structure or the Building or re-paving of the parking lot or outside parking areas. Tenant acknowledges that the forgoing does not constitute a diminution of parking spaces, provided that Landlord undertakes all reasonable steps to promptly restore the original spaces that were temporarily reduced pursuant to this section 13.08. Tenant acknowledges that from time to time the number of handicapped spaces may be increased or the number of commercial spaces may be increased. Such changes do not constitute a diminution of parking spaces within the meaning of this provision of the Lease.
Tenant and Landlord. The Tenant renting this space is and is the Landlord.
Tenant and Landlord shall each indemnify, defend and hold harmless Landlord and Landlord's the other party and its Agents from and against any and all Claims arising out of any breach of any provision of this paragraph, which expenses shall also include laboratory testing fees, personal injury claims, clean-up costs and environmental consultants' fees. Tenant agrees that Landlord may be irreparably harmed by Tenant's breach of this paragraph and that a specific performance action may appropriately be brought by Landlord; provided that, Landlord's election to bring or not bring any such specific performance action shall in no way limit, waive, impair or hinder Landlord's other remedies against Tenant.
Tenant and Landlord. The term "Tenant" shall include servants, employees, agents, visitors, invitees, licensees, successors and/or assigns of Tenant. The term "Landlord" shall include successors and/or assigns of Landlord. 17
Tenant and Landlord. All other terms and conditions of this Lease shall continue in full force and effect during said Extended Term.
Tenant and Landlord as the case may be, shall withhold and retain from any payment of the Construction Allowance made by either of them to a contractor, the applicable holdback amount on such payment stipulated by the Construction Lien Act (Ontario), which amount shall be retained and released to the entitled party in accordance with the terms of said Act.
