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<br />6.07 ENTIRE AGREEMENT <br /> <br />This Agreement and its attachments constitute the entire agreement of the parties and such are intended <br />as a complete and exclusive statement of the promises, representations, negotiations, discussions, <br />and other agreements that may have been made in connection with the subject matter hereof. Unless <br />an attachment to this Agreement specifically displays a mutual intent to amend a particular part of <br />this Agreement, general conflicts in language between any such attachment and this Agreement shall <br />be construed consistently with the terms of this Agreement. Unless otherwise expressly authorized <br />by the terms of this Agreement, no modification, renewal, extension, or amendment to this <br />Agreement shall be binding upon the parties unless the same is in writing and signed by the <br />respective parties hereto. <br /> <br />6.08 <br /> <br />TAXES <br /> <br />r."'''' <br /> <br />The Grantee shall, as further consideration for this Agreement, pay and discharge all "Taxes" (as <br />hereinafter defined) properly assessed in any calendar year (or portion thereof) during the term of <br />this Agreement. For the purposes of this Agreement, the term "Taxes" means all taxes, assessments, <br />impositions, levies, charges, excises, fees, licenses, and other sums (whether now existing or <br />hereafter arising, whether foreseen or unforeseen, and whether under the present system of taxation <br />or some other system), that during the term of this Agreement may be levied, assessed, charged, or <br />imposed by any governmental authority or other taxing authority or accrue on the Premises and any <br />Improvements or other property thereon, whether belonging to the Grantor or the Grantee, or to <br />which either of them may become liable in relation thereto. The term "Taxes" shall also include all <br />penalties, interest, and other charges payable by reason of any delay or failure or refusal of the <br />Grantee to make timely payments as required pursuant to this provision. THE GRANTEE AGREES TO <br />AND SHALL INDEMNIFY AND HOLD THE GRANTOR HARMLESS FROM LIABILITY FOR ANY AND ALL <br />TAXES, TOGETHER WITH ANY INTEREST, PENALTIES, OR OTHER SUMS IMPOSED, AND FROM ANY <br />SALE OR OTHER PROCEEDING TO ENFORCE PAYMENT THEREOF. <br /> <br />......41;>0.... <br /> <br />.:J <br /> <br />6.09 <br /> <br />ENCUMBRANCE OF INTEREST <br /> <br />The Grantee may not mortgage, hypothecate, encumber, or grant any deed of trust or security <br />interest that encumbers the Premises. Further, the Grantee may not collaterally assign any rent or <br />other income generated from the Premises. Prior to expiration or termination of this Agreement, the <br />Grantee will provide the Grantor with documentation sufficient to evidence the Grantor's ownership <br />of the Improvements not required to be removed per Article II. <br /> <br />6.10 CONDEMNATION <br /> <br />In the event of a condemnation proceeding that affects all or part of the Premises, the Grantor will <br />have the exclusive authority to negotiate with the condemning authority. In the event of a total <br />condemnation, this Agreement shall terminate. In the event of a partial condemnation, the Grantor <br />may decide whether or not to terminate this Agreement, but, if the Grantor elects to continue the <br />Agreement, the Consideration shall be proportionately reduced. All condemnation proceeds, except <br />for those allocated to the Improvements belonging to the Grantee, shall be payable to the Grantor. <br /> <br />CE20050 145 <br />cenewp.doc <br />adabney <br /> <br />10 <br /> <br />CUSTOMER ID: C000000895 <br />