HomeMy WebLinkAbout1838ARTICLE XX.
RIGHTS NOT WAIVED:
Failure of either party to insist upon the strict and prompt performance
of the terms, covenants, agreements, and conditions herein contained, or any
of them, upon the other party imposed, shall not constitute or be construed as
a waiver of relinquis hnent ~f such party's right thereafter to enforce any such
term, covenant, agreement or condition, but the same shall continue in full force
and effect.
The titles identifying the several Articles of this lease are for the pur-
pose of locating readily the various pravis9ons of the lease, and are not to be
construed as a part of the text of the lease.
ARTICLE ~Xj•
SURVEY:
Lessor, at its expense, shall imnediately furnish to Lessee a plat of sur-
vey on tracing linen or vellum prepared by a registered land surveyor, showing
thereon: Property line dimensions and angles; corner markers; locations of ex-
i5ting structures. utilities and obstructions; encroachments and easements; abut-
ting streets. highways and alleys showing rights-of-way widths, widths of street,
highway and sidewalk paving anrf street and highway names; locations of any res-
triction, set-back or building lines; elevations within leased area and at top
of curbs, street and highway center lines and along gutter lines; north arrow;
legal description and plat book reference of leased area and easements; name of
city, county and state in which leased area is located; surveyor's certification,
address and signature.
ARTICLE XXII.
TITLE INSUWINCE:
Lessor shall furnish, at its expense, to Lessee,a Title Insurance Policy
covering the demised premises. prepared and issued by a financially responsible
title abstract company, showing such title in said premises to be in LPSSOr, as
will authorize Lessor to make and enter into this lease, and to collect a~d re-
tain all rents and payments hereunder, free and clear of all claims and demands
made by any person or parties, whatsoever. ln the event Lessor shall neglect,
refuse, or be unable to furnish such title insurance policy within sixty(60)days
after the date hereof, Lessee shall have the option and privileye of cancelling
and terniinatinq this lease, upon notice to Lessor, at any time after said sixty
(60)day period; or Lessee may at its option employ an attorney of its own choice
to make and canpile an abstract of title to the demised premises, or conduct a
title search of the public records of the county in which the demised premises
are situate for the purpose of obtaininq a record of any conveyances and matters
pertaining to or affecting the title of Lessor to said premises. Les~or agrees,
in such event, to reimburse Lessee for any expenses incurred by it in the c~npila-
tivn of such abstract of title or search of such public records'. If at the time
of such notice Lessee shall have entered into possession, Lessee shall be liable
only for rents and other charges. if any, accrued and earned tolthe date of such
termination and surrender of possession. If, upon the recording of this leas.e,
Lessee desires to cail upon Lessor so to do, Lessor shall have said Abstract of
Title, o-- title Insurance Policy extended and recertified to I_essee. at Lessor's
expense, showing said lease as having been recorded, and deliver the same to Les-
see f~r examination.
This lease shall not be bindin~~ upon Lessee until signed on its behalf by
its President or a Vice President. All proposals, negotiations, and represen-
tatio~s with referencP to the matters covered by this ease are meryed in this
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