2008/01/30 Council Agenda Packet

be given and Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease. Tenant shall be entitled to any separate award of relocation and/or re-establishment benefits that may arise under any taking of the Premises by the use or threat of eminent domain so long as it does not reduce the amount of just compensation payable to Landlord as a result of such taking. 27. [Intentionally Omitted]. 28. PARKING AND COMMON AREAS. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas, provided however that such modifications will not materially interfere with Tenant's use and enjoyment of the Premises as provided for under this lease agreement.. 28A. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition,and shall repair any damage to the facilities thereof,and may assess a proportionate share of said expenses in connection with said automobile parking and common areas in the manner as set forth in Article 7 hereof. 28B. Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but shall not be limited to the following: (1) The restricting of employee parking to a limited, designated area or areas; and (2) The regulation of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenant. 29. SIGNS. The Tenant may not install any signs without the prior written consent of Landlord. Signage costs are a Tenant expense. 30. GENERAL PROVISIONS. 30A. Plats and Riders. Clauses,plats, riders and addenda, if any, affixed to this Lease are a part thereof. 30B. Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed a waiver of any preceding default by Tenant of any term,covenant or condition of this Lease,other than the failure of the Tenant to pay the particular rental so accepted,regardless of Landlord's knowledge of such preceding default at the time of acceptance of such rent. 30C. Joint Obligation. If there be more than one Tenant, the obligations hereunder imposed shall be joint and several. 30D. Marginal Headings. The marginal headings and article titles to the articles of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. 30E. Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor. 30F. Successors and Assigns. The covenants and conditions herein contained,subject to the provisions as to assignment,apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto. 30G. Recordation. Tenant shall not record this Lease. 30H. Quiet Possession. Upon Tenant paying the rent reserved hereunder and observing and performing all of the covenants, conditions and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of the Premises for the entire term hereof,subject to all the provisions of this Lease. 30I. Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include,but 99999-6028/LEGAL 13867066.1