Landlord and Tenant shall conduct an inspection of the Premises prior to the end of the Term to facilitate Landlord's identification of the items to be removed under this Section 4.9. Any property not so removed that remains on or at the Premises shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine, provided, that, Tenant shall have no obligation to pay Landlord any expense incurred by it is effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 4.9.
Landlord and Tenant also acknowledge Tenant has given to Landlord its furniture plan and a description of Tenant's power, data and telephone requirements (hereinafter referred to as the "Supplemental Information").
Landlord and Tenant each hereby release the other from any and all liability or responsibility to the other, or to any other party claiming by, through or under them by way of subrogation or otherwise, for any loss or damage to property caused by a casualty which is insurable under standard fire and extended coverage insurance; provided, however, that this mutual waiver shall be applicable only with respect to a loss or damage occurring during the lime when property insurance policies, which are readily available in the marketplace, contain a clause or permit an endorsement to the effect that any such release shall not adversely affect or impair the policy or the right of the insured party to receive proceeds under the policy.
Examples of Landlord and Tenant in a sentence
Landlord and Tenant have executed this Lease as of the day and year first above written.
Landlord and Tenant have duly executed this Amendment as of the day and year first above written.
Landlord and Tenant have caused this Lease to be executed the day and date first above written.
Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent, partnership, joint venturer or any association between Landlord and Tenant.
The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any of said governmental measures, shall be conclusive of that fact as between Landlord and Tenant.
More Definitions of Landlord and Tenant
Landlord and Tenant shall fully cooperate with each other in connection with the collection of any insurance proceeds payable in respect of any casualty to the Building and shall comply with all reasonable requests made by each other in connection therewith, including, without limitation, the execution of any affidavits reasonably required by the applicable insurance companies.
Landlord and Tenant shall name each other as an additional insured, respectively, under their respective insurance policies as required to be maintained herein." ....
Landlord and Tenant shall conduct an inspection of the Premises prior to the end of the Term to facilitate Landlord's identification of the items to be removed under this Section 5.1.10. Any property not so removed or any property not purchased by Landlord in accordance with Landlord's Right of First Opportunity that remains on or at the Premises shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire reasonable cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10. Upon at least thirty (30) days prior to the expiration or earlier termination of this Lease, Tenant shall notify Landlord of its intention to sell or dispose of the items listed in Exhibit I-1, attached hereto, which are not subject to equipment or other financing by a third party (the "Tenant's FF&E", which shall not include the items listed on Exhibit I) and the terms on which the Tenant intends to sell or dispose of each of the same (the "Sale Offer"). Landlord shall have twenty (20) days after receipt of the Sale Offer within which to accept any such Sale Offer ("Landlord's Right of First Opportunity"). Failure of Landlord to so accept any such Sale Offer within such twenty (20) day period shall constitute and be deemed Landlord's rejection of such Sale Offer. If Landlord accepts such Sale Offer within such twenty (20) day period, then Landlord and Tenant shall attempt in good faith to conclude Landlord's purchase of the same upon expiration of the Term. If Landlord does not accept the Sale Offer within such twenty (20) day period, or if after accepting any such Sale Offer within such twenty (20) day period, Landlord and Tenant in good faith are unable to close such purchase, then Tenant shall be free to sell Tenant's FF&E at a price which is not less than ninety-five percent (95%) of the purchase price offered in the Sale Offer. Tenant may not sell Tenant's to any party for less than 95% of the price offered to Landlord in the Sale Offer or on other terms and conditions substantially more beneficial to buyer than those offered to Landlord in the Sale Offer, without re-offering Tenant's FF&E to Landlord at such reduced price and/or better terms, as applicable, by writte...
Landlord and Tenant. WAIVE ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, COUNTERCLAIM, OR PROCEEDING BASED UPON, OR RELATED TO, THE SUBJECT MATTER OF THIS LEASE. THIS WAIVER APPLIES TO ALL CLAIMS AGAINST ALL PARTIES TO SUCH ACTIONS AND PROCEEDINGS, INCLUDING PARTIES WHO ARE NOT PARTIES TO THIS LEASE. THIS WAIVER IS KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY MADE BY LANDLORD AND TENANT AND BOTH PARTIES ACKNOWLEDGES THAT NEITHER PARTY, NOR ANY PERSON ACTING ON
Landlord and Tenant each represent and warrant to the other that: (a) the execution and delivery of this First Amendment has been fully authorized by all necessary corporate action, and (b) upon execution, this First Amendment will be valid, binding and legally enforceable in accordance with its terms. Except as specified herein, this First Amendment in no way changes any of the terms of the Lease and the Tenant remains subject to all Rules and Regulations governing the Lease.
Landlord and Tenant warrant that each has had no dealings with any broker or agent other than CB Richard Ellis (for both Landlord anx Xxxxxx) xx connection with the negotiation or execution of this Lease, and each agrees to indemnify the other against all costs, expenses, attorneys' fees or other liability for commissions or other compensation or charges claimed by any other broker or agent claiming the same by, through such party.
Landlord and Tenant warrant that each has had no dealings with any Broker or agent other than Compass Management and Leasing, Inc., and Schexx Xxxtners Inc. in connection with the negotiation or execution of this Lease, and each agrees to indemnify the other against all costs, expenses, attorneys' fees or other liability for commissions or other compensation or charges claimed by any other broker or agent claiming the same by, through or under such party. Upon final consummation of this Lease, Landlord agrees to pay such brokers pursuant to a separate agreement and will indemnify Tenant from any claims made by said brokers for commissions earned due to this Lease.