CCP 11-24-2009 - Laserfiche WebLink

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taxation pursuant to Section 501(a) of the Code for the term of this Lease, and any extensions of this Lease, -unless the City receives an opinion from its counsel stating that the proposed change in status of the Tenant may be authorized. 11.6. The Tenant represents; covenants, and warrants it shall use the Leased Space for the purposes allowed under Section 3.1 hereof and these activities do not constitute an "unrelated trade or business" of the Tenant within the meaning of Section 513 of the Code. The Tenant will not use the Leased Space in connection with an activity that constitutes an "unrelated trade or business" of the Tenant (within- the meaning of Section 145 of the Code)., ARTICLE XII MISCELLANEOUS PROVISIONS 12.1 HOLDING OVER. If either party terminates Lease Agreement and in the event that Tenant continues to occupy the Leased Space after the expiration of the term of this Lease hereof without entering into a new Lease hereof said tenancy shall be construed to be a "tenancy from month to month" upon all of the other terms and conditions herein contained, except where same are. not applicable; and except that the rental- during such holdover period shall be the then current "minimum rent" plus fifty percent (50%) thereof and all "additional rent" shall continue to be paid. 12.2 ENTIRE AGREEMENT. This Lease is executed :in identical counterparts, each of which; when bearing original initials of the parties on each page and at each change in the text hereof as well as original signatures at the end of the document, shall constitute an original for all purposes. All previous agreements, whether oral or written, are superseded by and merged with this Lease. Subsequent change shall not be binding unless reduced to writing and signed by the parties hereto. 12.3 INVALIDATION OF PARTICULAR PROVISIONS. If any clause, termor provision of this Lease, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of sueh term or provision to persons or circumstances other than those as to. which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. It the intention of the parties hereto than in lieu of each clause, term or provision of this Lease that is illegal, invalid or unenforceable, there be added as part of this Lease a clause; term or provision similar to such illegal, invalid. or unenforceable clause, term or provision as may be possible and would be legal, valid and enforceable. 12.4 PROVISIONS BINDING, ETC. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, successors, assigns and legally appointed representative, respectively, of the Landlord and the Tenant. Each term and each provision of this Lease to be performed by Tenant shall be construed to be both a covenant and a condition. 12.5 LIGHTING. The Tenant will be responsible for lighting within the Leased Space. With appropriate notice, the City of New Brighton will replace the Tenant's lamps at the cost of the lamp plus 10%. 11