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Finance and Administration Committee - IX. Agreements for Development of the Cherokee Farm Research Park - Action16.2. Survival of Provisions. All representations, warranties, and indemnities of Tenantunder this Lease shall survive the expiration or sooner termination of this Lease.16.3 No Waiver of Breach. No failure by either University or Tenant to insist upon thestrict performance by the other of any covenant, agreement, term or condition of this Lease, or toexercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of anysuch breach or of such covenant, agreement, term or condition. No waiver of any breach shallaffect or alter this Lease, but each and every covenant, condition, agreement and term of thisLease shall continue in full force and effect with respect to any other then existing or subsequentbreach.716.4 Notices. All notices, demands, consents, approvals, requests and othercommunications under this Lease shall be in writing and shall be either (a) delivered in person,(b) sent by certified mail, return receipt requested, or (c) delivered by a recognized overnightdelivery service and addressed as follows:To University:Copy to:The University of TennesseeOffice of Real Estate Administration711 Andy Holt TowerKnoxville, TN 37996 – 0174Attention: ____________________________________________________________________________________________________________Attention: _____________________To Tenant:Copy to:University of Tennessee Research Foundation600 Henley Street, Suite 211Knoxville, TN 37996Attention: ___________________________________________________________________________________________________________Attention: ____________________A notice, demand, consent, approval, request and other communication shall be deemed to beduly received (a) if delivered in person or by a recognized delivery service, when left at theaddress of the recipient; and (b) if sent by certified mail, return receipt requested, three (3)business days after the date on which such notice was deposited in the U.S. Mail. Either partymay change its address for the purpose of this paragraph by giving written notice of such changeto the other party in the manner provided in its paragraph.8088569.13 14177
Finance and Administration Committee - IX. Agreements for Development of the Cherokee Farm Research Park - Action16.5 Gender. The use herein of any gender includes all others, and the singularnumber includes the plural and vice-versa, whenever the context so requires.16.6 Captions. Captions in this Lease are inserted for convenience of reference onlyand do not define, describe or limit the scope or the intent of this Lease or any of the termshereof.16.7 Entire Agreement. This Lease contains the entire agreement between the partiesregarding the subject matter hereof. Any oral or written representations, agreements,understandings and/or statements not expressly included in this Lease shall be of no force andeffect.716.8 Waiver; Amendment. No modification, waiver, amendment, discharge or changeof this Lease shall be valid unless the same is in writing and signed by the party against whichthe enforcement of such modification, waiver, amendment, discharge or change is or may besought. An amendment to this Lease shall not diminish the rights or increase the obligations of asubtenant unless an amendment to the applicable sublease is executed and delivered by suchsubtenant.16.9 Time. Time is of the essence of each obligation of each party hereunder.16.10 Governing Law. This Lease shall be construed and enforced in accordance withthe laws of the State of Tennessee.16.11 Binding Effect. Subject to any provision of this Lease that may prohibit or curtailassignment of any rights hereunder, this Lease shall bind and inure to the benefit of therespective heirs, assigns, personal representatives, and successors of the parties hereto.16.12 Execution of Other Instruments. Each party agrees that it shall, upon the other’srequest, take any and all steps, and execute, acknowledge and deliver to the other party and allfurther instruments necessary or expedient to effectuate the purpose of this Lease.16.13 Severability. If any term, provision, covenant or condition of this Lease is heldby a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of theprovisions shall remain in full force and effect and shall in no way be affected, impaired orinvalidated.16.14 Counterparts. This Lease may be executed in one or more counterparts, each ofwhich shall be deemed an original and when taken together will constitute one instrument.16.15 Estoppel Certificate. Either party shall execute, acknowledge and deliver to theother party, within fifteen (15) days after requested by the other party, a statement in writingcertifying, if such is the case, that this Lease in unmodified and in full force and effect (or ifthere have been modifications, that the same is in full force and effect as modified); theCommencement Date of this Lease; the dates for which the rent and other charges have beenpaid; any alleged defaults by and claims against the other party; and providing such otherinformation as shall be reasonably requested.8088569.13 15178
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