RES 353 Draft 01 2008-2010 - Laserfiche WebLink

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25. Force Majeure. In the event that either Landlord or the Tenant shall be delayed, hindered, or prevented from the performance of any act required under this lease agreement by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, or other reason of like nature, not the fault of the party delayed in performing the work or doing the acts required under the terms of this lease agreement, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 26. Hazardous Materials. The Landlord affirms, upon due diligence, that the premises are free of hazardous materials. Landlord warrants that it has not received written notice from any governmental authority having jurisdiction over the premises that the premises is in violation of the Comprehensive Environmental Response, Compensation and Liability Act of 1989, as amended ( "CERCLA "), the Resources Conservation and Recovery Act of 1976, as amended ( "RCRA "), the Toxic Substance Control Act, as amended, the Hazardous Materials Transportation Act, as amended, or any statute governing underground storage tanks or asbestos. Landlord represents and warrants that to Landlord's actual knowledge (without undertaking any investigation or inquiry) the premises do not contain any hazardous or toxic materials prohibited by law. Landlord shall indemnify and hold harmless the Tenant from and against any and all claims, demands or losses in connection with the release of hazardous or toxic materials caused by Landlord. Tenant shall indemnify and hold harmless the Landlord from and against all claims, demands or losses in connection with the release of hazardous or toxic materials caused by Tenant, its agents or employees. 27. Construction of Language. Nothing herein contained is intended or shall be construed as creating a relationship of principal and agent, or of a partnership or joint venture, between Landlord and Tenant. Wherever used herein, the singular number shall include the plural and the neuter gender shall include the masculine and feminine genders, unless the context clearly requires otherwise. The obligations of the parties executing this lease agreement shall be joint and several. The term "premises" shall mean the premises demised under the lease; the term "Landlord" shall include the Landlord, its successors, and assigns; and the term "Tenant" shall include Tenant and Tenant's successors and permitted assigns. 28. Facsimiles. The parties hereto agree that telephone facsimile (fax) copies of any documents required to be executed by the provisions herein will be accepted as if signed in person, as originals. Upon request, the party submitting the facsimile shall provide the original document within a reasonable time. However, failure to provide such an original shall have no effect upon the validity of the execution by facsimile. 29. Dispute Resolution/Forum Selection. Any dispute action or proceeding involving this lease, commenced by any party, if not resolved by mutual consent, shall be commenced in the District Courts of the Third Circuit, County and State of Hawaii. 30. Governing Law. It is agreed that this lease agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Hawaii. 64006032 - 7 -