Agmt10 Chemical Way Properties - Laserfiche WebLink

Browse Search

be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such rent. No term, covenant or condition shall be deemed to have been waived by either party unless such waiver is in writing and signed by the party making such waiver. 24. No Accord and Satisfaction. No payment by Tenant, or receipt by Landlord, of an amount which is less than the full amount of rent and all other sums payable by Tenant hereunder at such time shall be deemed to be other than on account of (a) the earliest of such other sums due and payable, and thereafter (b) to the earliest rent due and payable hereunder. No endorsement or statement on any check or any letter accompanying any payment of rent or such other sums shall be deemed an accord and satisfaction, and Landlord may accept any such check or payment without prejudice to Landlord's right to receive payment of the balance of such rent and/or other sums, or Landlord's right to pursue any remedies to which Landlord may be entitled to recover such balance. 25. Attorneys' Fees. If any action or proceeding at law or in equity, or an arbitration proceeding (collectively an "action "), shall be brought to recover any rent under this Lease, or for or on account of any breach of or to enforce or interpret any of the terms, covenants, or conditions of this Lease, or for the recovery of possession of the Premises, the prevailing party shall be entitled to recover from the other party as a part of such action, or in a separate action brought for that purpose, its reasonable attorneys' fees and costs and expenses incurred in connection with the prosecution or defense of such action. "Prevailing Party" within the meaning of this paragraph shall include, without limitation, a party who brings an action against the other after the other is in breach or default, if such action is dismissed upon the other's payment of the sums allegedly due for performance of the covenants allegedly breached, or if the party commencing such action or proceeding obtains substantially the relief sought by it in such action, whether or not, such action proceeds to a final judgment or determination. 26. Surrender. Upon the expiration or sooner termination of this Lease, Tenant shall at its sole cost and expense remove all debris and all personal property belonging to Tenant and surrender exclusive possession of the Premises to Landlord in substantially the same condition as of the Commencement Date (including any defects existing as of the Commencement Date, and further subject to reasonable wear and tear and damage arising from casualty or any taking of the Premises by any governmental authority). Any personal property not so removed shall be deemed abandoned, and Landlord may dispose of such personal property at Tenant's sole cost. Notwithstanding the above, Tenant's obligation regarding Hazardous Substances and indemnification relating to any contamination by Tenant or Tenant's Parties during the Term of the Lease shall survive termination. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term. 27. Holding Over. This Lease shall terminate without further notice at the expiration of the Lease term. Any holding over by Tenant after expiration shall not constitute a renewal or extension of the Lease term or give Tenant any rights in or to the Premises unless otherwise expressly provided in this Lease. Any holding over after the expiration without the Redwood City Lease 10.07. 2010 v.4 (20 Chemical) 21