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Agmt08 Lulus
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Agmt08 Lulus
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Last modified
2/22/2010 9:10:05 AM
Creation date
5/29/2008 4:48:15 PM
Metadata
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Template:
Agreement
Contractor Name
Nancy Radcliffe - Lulu's
PROJECT NAME
Lulu
RMP File Number
405
Date
5/21/2008
Reso Ref
RDA 08-06
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<br />repairs or restoration to the Premises against Tenant's obligations to pay rent in <br />connection with Landlord's duties of repair and restoration under this Lease. <br /> <br />27. AUTHORITY <br />27.1 All individuals executing this Agreement on behalf of the parties to this <br />Agreement represent and warrant that they are authorized to execute and deliver <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 /> <br />28. MISCELLANEOUS <br />28.1 Exoenses of Enforcement. If there are any legal or arbitration proceedings <br />between Lessor and Lessee to enforce any provision of this Agreement or to <br />protect or establish any right or remedy of either Lessor or Lessee hereunder, the <br />unsuccessful party shall pay to the prevailing party all reasonable and customary <br />costs and expenses, including reasonable attorney's fees (including, without <br />limitation, the reasonable value of any in-house counsel services) incurred by <br />such prevailing party in such proceeding and in any appeal in connection <br />therewith. If such prevailing party recovers a judgment in any such proceeding 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 shall be included in and as part of <br />such judgment. <br /> <br />28.2 MisreDresentations. Any statements submitted to Lessor in the Lessee's <br />Application for Courthouse Square Concession Space ("Application") and this <br />Lease Agreement by Lessee are considered inducements to execute this Lease. <br />Misrepresentations by Lessee shall entitle Lessor to terminate this Lease. <br /> <br />28.3 Entire Aareement. This Agreement contains all 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 terms, covenants and conditions of this Agreement cannot be altered, <br />changed, modified or added to, except in writing signed by Lessor and Lessee. <br /> <br />28.4 CaDtions. Definitions and Severabilitv. The captions of the sections and <br />subsections of this Agreement are for convenience and easy reference only and <br />shall not be considered or referred to in resolving 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 to the right or to have this Agreement continue in effect. Should any <br />provision of this Agreement be adjudged to be invalid, void or illegal, such <br />adjudication shall in no way effect, impair or invalidate any other provisions <br />hereof, the parties hereto agreeing that they would have entered into the <br />remaining portion of this Agreement notwithstanding the omission of the portion <br />or portions adjudged Invalid, void or illegal. <br /> <br />28.5 RelationshiD of the Parties. Nothing contained in this Agreement shall be <br /> <br />Atty/AgrI2OO8.033 14 <br />050508 <br />
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