Southtowns Record

Planning Board agenda packet — September 30, 2026

Government
City of Lackawanna
Board
Planning Board
Meeting
Sep 30, 2026
Kind
Agenda packet
Topics
Zoning and land use, Water, sewer and drainage, Parks and recreation, Budget and taxes, Housing, Public safety

Original document

Same meeting

Text · page 108 of 131

Read the whole document on one page (all 131 pages, each with its own heading)

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Jotformsian  Document ID: 261815503788061

  COMMERCIAL  LEASE

the execution of this Lease or whether prior to any future adoption of rules and
regulations.

29. Withholding Rental. Notwithstanding any other provisions contained in this
Lease, it is understood and agreed that in the event of default in performance of any
covenant, agreement, term or condition to be performed by the Lessor, or if for any
other reason Lessee might be entitled to any reimbursement from the Lessor, in no
event shall Lessee deduct or withhold any such amount from rental payments due
Lessor pursuant to the rental provision of this Lease.

30. Legal Expenses. In the event Lessor shall be compelled to pay any expenses,
including reasonable court and attorneys’ fees in instituting, prosecuting, or defending
any action or proceeding instituted by reason of any default of Lessee hereunder, the
sum or sums so paid by Lessor, with all interest, costs and damages, shall be deemed
to be additional rent hereunder and shall be due and payable from the Lessee to the
Lessor on the first day of the next rental period following the incurring of such
expenses.

31. Notices. Any notice to be given to a party under the terms of this Lease shall
conclusively be deemed served if in writing and personally delivered to the other
party or sent by first class mail.

32. Failure to Enforce Not Waiver. The failure of Lessor to insist upon strict
performance of any of the covenants or conditions of this Lease or any rules or
regulations against Lessee or other tenants, is not to be construed as a waiver of any
succeeding breach of the same covenant or condition.

33. Invalidity. The invalidity or unenforceability of any provision of this Lease shall
in no way affect the validity or enforceability of any other provision hereof.

34. Captions. The captions contained herein are for reference purposes solely and
shall not be deemed to be a part hereof or to modify or qualify any of the terms,
covenants or conditions hereof.

35. Modification. No change, modification or amendment of this Lease shall be valid
unless the same is in writing and executed by all the parties hereto.

36. Governing Law. This Lease shall be governed by and construed in accordance
with the laws of the State of New York.