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6.1 B <br /> Page 18 <br /> this Lease on behalf of their respective party to this Agreement and that this <br /> Lease is binding upon said party to this Agreement. <br /> 2$. N!lSCEl.LANEQUS <br /> 28.1 Expenses of Enforcement. If there are any legal or arbitration proceedings <br /> between �essor and Lessee ta enfarce any provisian of this Agreement or to <br /> protect or esfablish any right or remedy of either Lessor or Lessee hereunder, the <br /> unsuccessful party shafl pay to the prevailing party all reasonable and customary <br /> costs and expenses, including reasanable attorney's fees {including, without <br /> iirnitation, the reasonable vafue of any in-hause counsel services} incurred by <br /> such prevailing party in such prnceeding and in any appeal in connection <br /> therewith. ff such prevailing party recovers a judgment in any such praceeding or <br /> appeal, such costs, expenses, and attorney's fees (including the reasonable <br /> value of in-house counsel services) shall be determined by the court or <br /> arbitration panel handling the proceeding and shali be included in and as part of <br /> such judgment. <br /> 28.2 Misreqresentations. Any sfiatements submitted to Lessor in the Lessee's <br /> Application for Courthause Square Concession Space ("Application") and this <br /> Lease Agreement by L.essee are considered inducements to execute this Lease. <br /> Misrepresentations by �essee shall entitie Lessor to terminate this Lease. <br /> 28.3 Entire Agreement. This Agreement contains a!I the terms, covenants, conditions <br /> and agreements between Lessor and Lessee relating in any manner to the lease, <br /> use and occupancy of the premises. No prior or other agreement or <br /> understanding pertaining to the same shall be valid or of any force and effect; <br /> and the ferms, covenants and conditions of this Agreement cannat be altered, <br /> changed, modified or added to, except in writing signed by Lessor and Lessee. <br /> 28.4 Ca�tions, Definitions and Severabilifv. The captians of the sections and <br /> subsectians af this Agreement are for convenience and easy reference only and <br /> shall not be considered or referred to in reso(ving questions of construction. <br /> Whenever in this Agreement any words of obligation or duty are used, such <br /> words shall have the same force and effect as though made in the form of <br /> covenants. All of the covenants and agreements herein contained are <br /> conditions, and the strict and prompt performance of each shall be conditions <br /> precedents ta the right or to have #his Agreement continue in effect. Should any <br /> provision of #his Agreement be adjudged to be invalid, void or iilegal, such <br /> adjudication shall in no way effect, impair or invalidate any other provisions <br /> hereof, the parties hereto agreeing that they would hav� entered into the <br /> remaining portion of this Agreement notwithstanding the omission of the pnrtion <br /> or portions adjudged invalid, void or illegal. <br /> 28.5 Relationship of the Parties. Nothing contained in this Agreement shall be <br /> deemed or construed by the parties herefo, or by a third person, to create the <br /> relationship of principal and agent, or of partnership, or of joint venture, or of <br /> trustee and beneficiary, or of any association between Lessor and Lessee, and <br /> neither any provisions contained in this Lease nor any acts af the parties hereto, <br /> shall be deemed to create any relationship between Lessor and Lessee other <br /> than the relation af 1.essor and Lessee. <br /> ATTY/AGR(20Q7.067 �� <br /> 090407 <br />