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AgdaPkt 2005-09-12
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AgdaPkt 2005-09-12
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Last modified
3/6/2012 4:45:24 PM
Creation date
9/8/2005 1:47:43 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
9/12/2005
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<br />..5: /..L - ¿/ <br /> <br />The submission and negotiation of this Lease shall not be deemed <br /> <br />an offer to enter the same by Landlord but the solicitation of such an offer by <br />Tenant. Tenant agrees that its execution of this Lease constitutes a firm offer to <br /> <br />enter the same which may not be withdrawn for a period of ten (10) days after <br />delivery to Landlord (or such other period as may be expressly provided in any <br /> <br />other agreement signed by the Parties). <br />11.2 Attorneys' Fees. <br /> <br />In any litigation or arbitration between the Parties regarding this <br />Lease, the Party not prevailing shall pay to the prevailing Party all reasonable <br /> <br />expenses and court costs including attorneys' fees incurred by the prevailing <br /> <br />Party. A Party shall be considered the prevailing Party if (a) it initiated the <br />litigation and substantially obtains the relief it sought, either through a judgment <br /> <br />or the Party not prevailing's voluntary action before arbitration (after it is <br /> <br />scheduled), trial, or judgment; (b)the other Party withdraws its action without <br />substantially obtaining the relief it sought; or (c) it did not initiate the litigation and <br /> <br />judgment is entered for either part, but without substantially granting the relief <br />sought. <br /> <br />11.3 Binding on Successors. <br />This Lease shall bind the Parties' heirs, successors, <br /> <br />representatives, and permitted assigns. <br />11.4 Business Days. <br /> <br />Business days means Monday through Friday inclusive, excluding <br />Holidays as defined in Section 3.3.1. Throughout this Lease, wherever days is <br /> <br />used the term shall refer to calendar days. Wherever the term business days is <br /> <br />used the term shall refer to business days as defined hereunder. <br /> <br />11.5 Partial Invalidity. <br />
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