HomeMy WebLinkAbout430 S COLLEGE AVE - CORRESPONDENCE - 1/28/2005 (12)should be deemed to be no other term, condition, promise,
understanding, statement or representation, express or implied,
concerning this Lease unless set forth in writing and signed by all
parties. In the event of any ambiguity in any of the terms of this
Lease, it shall not be construed for or against either party hereto
on the basis that such party did or did not author the same.
32. No Partnership. Nothing contained herein shall be deemed
or construed by the parties hereto nor by any third party as
creating the relationship of principal and agent or a partnership
or a joint venture between the parties hereto, it being agreed that
none of the provisions set forth herein, nor any acts of the
parties herein, shall be deemed to create a relationship between
the parties hereto other than the relationship of lessor and
lessee.
33. Indemnity. CSU agrees, to the extent permitted by law,
to indemnify and save the City harmless against and from all
claims by or on behalf of any person, firm, corporation or other
entity arising from CSU's use or occupation of the Property, any
condition caused by CSU on the Property or from any action
performed by CSU or its agents, employees or contractors under this
Lease.
34. Lessor's Ownership. The City warrants and represents
itself to be the owner of, or the authorized representative or
agent of the owner of, the Property in the form and manner as
stated herein, and during the term of this Lease covenants and
agrees to warrant and defend CSU in the quiet, peaceable enjoyment
and possession of the Property. In the event of any dispute
regarding the City's ownership, City shall immediately, upon
request from and at no cost to the CSU, furnish proof thereof by
delivery to CSU an "Ownership and Encumbrance Letter" issued by a
properly qualified title insurance company.
35. Applicable Law. The laws of the State of Colorado and
rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this Lease. Any
provision of this Lease, whether or not incorporated herein by
reference, which provides for arbitration by any extra -judicial
body or person or which is otherwise in conflict with said laws,
rules and regulations shall be considered null and void. Nothing
contained in any provisions incorporated herein by reference which
purports to negate this or any other special provision in whole or
in part shall be valid or enforceable or available in any action at
law whether by way of complaint, defense or otherwise. Any
provision rendered null and void by the operation of this provision
will not invalidate the remainder of this Lease to the extent that
this agreement is capable of execution.
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