HomeMy WebLinkAbout1566 5. Ri hts R~served Un~o Develo er. Until the Qeveloper shall
have comp e e e eve opmen , promot on and sales of aII apartments
a~d shops to be constructed at the Condomin~udt,. it shal~ hawe the
followi~g rights with regard to the Demised F~remises, notwithstand~~g
any other provisions of this Lease to the contrary.
a. The ~ight to ~ase and occupy exclusively any portion of
the Demised Premises designated as "offices" in the aforereferred
to plans of the Demised Premises.
b. The right to use, occuQy and demonstrate, on a non-
exclusive basis, all of the Demisea Premises for the purpose
of promoti~g and aiding in the sale or rental of the condo~ninium
units on or to be constructe~ in the condominium apartment
buil~i~g. Such rights shall not be exercised i.~ an ?anreasonable
manner not consistent with the rights,of the members of the
Lessee to use, occupy and e~joy such portions of the Demised
Premises.
c. Nothing herein contained shall serve in any way to
reduce Lessee's obligations for the payment of rent, taxes,
repair and maintenance of the Demised Premises.
d. The Developer shall have the further right to display
and erect signs, billboards and placards, and to store, keep,
exhibit and distribute written, audio and visual promotional
materials in and about the Demised Premises.
e. No act of the Developer exercised or performed pursuant
to the rights reserved to it under the provisions o£ this Article
shall be construed o~r deemed as a breach of the Lessor's
covenants hereunder or as an actual, implied or constructive
failure of the Lessor to deliver possession of the Demised Premises
to the Lessee, or as an actual, implied or constructive eviction
~of the Lessee from the Demised Premises, or as an excuse or
~ustification for the Lessee's failure to promptly, fully,
completely and continuously perform covenants and obligations
hereunder.
6. Non-Exclusiv~ty and Easements.
-a. Non-exclusivity. The Lessee specifically acknowledges
that this is a non-exclusive Lease, and that the Lessor reserves
the right to Iease the Demised Premises to other persons, na~ural
or artificial, upon such rentals, tezms, and for such period as
the Lessor may determine upon, without the consent or approval of
the Lessee, provided only that any such additional Lesse~ shall
be.required to pay equitable constribution towards the casts of
maintaining the Demised Premises, as well as towards all of the
obiigations herein imposed upon the lessee, such as real estate
! taxes, insurance and the like, provided, however, the existence
of any such additional Lessee or Lessees shall not in any wise
serve to diminish or reduce the Lessee's obligation for the
, payment of rent as herein contained.
b. Eas~ments. The Lessor specifically reserves unto
itself and to all of those claiming by, through and under it,
an easement for pedestrian traffic over, through and across
sidewalks, paths, wa~ks, halls, lobbies, elevators, and other
portions of the Demised Premises as may be from time to time
intended and is designated for such purpose and use; and for
venicular and pedestrian traffic over, through and across such
pcrtions of the Demised Premises as may from time to time be
paved and zntended for such purpose and use. An easement is
further hereby created in perpetuity, in favor of COLONNAnES
CONDOMINIUMS, its successors and assigns, for parking cn any
portions of the Demised Premises which are paved and intended
ror such purpose and use. In the event any apartment, limited
common element, or oth~r common element shall encroach unon ~ny
of the Demised Premises for any reason other than t~e intentionai
and negligent-act ef an apartment owner, then an easement shall
exist to the extent of such an encroachment so long as the same
shall exist. ~ -
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