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13.6 Breach by Lessor. <br />(a) Notice of Breach. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable <br />time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph, a reasonable time shall in no event <br />be less than 30 days after receipt by Lessor, and any Lender whose name and address shall have been furnished Lessee in writing for <br />such purpose. of written notice specifying wherein such obligation or Lessor has not been performed: provided. however. that il'the <br />nature of Lessors oblieation is such that more than 30 days are reasonably required for its performance. then Lessor shall not be in <br />breach if performance is commenced within such 30 day period and therearwrdiligeutly pursued to completion. Under no circumstances <br />shall Lessee have the right to terminate the Lease as a result of Lessor's breach or alleged breach of the Lease. <br />(b) Performance by Lessee on Behalf of Lessor. In the event that neither Lessor nor Lender cures said breach <br />%viihin 30 days alter receip: of said notice. or if having commmnced said cure they do not diligently pursue it to completion; then Lessee <br />may upon. 30 days prior written notice to Lessor. elect to cure said breach at Lessee's cxpcnsc. and should Lessor fail or refuse to <br />reimburse Lessee for the actual, itemized, third -party cost of such cure within 30 days following Lessor's receipt of Lessee's itemized <br />invoice for same. Lessee may offset from Base Rent the actual and reasonable cost to perforin such cure, provided however, that such <br />offset shall not exceed an amount equal to the greater of one months Base Rent or the Security Deposit. reserving Lessees right to <br />reimbursement from Lessor for any such expense in excess of such offset. <br />14. Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat <br />of the exercise orsaid power (collectively "Condemnation"), this Lease shall terminate as to the part taken as of the date the condemning <br />authority takes title or possession, whichever first occurs. If more than 10% of the floor area of the Premises is taken by Condemnation, <br />Lessee may, at Lessee's option, to he exercised in writing within 20 days after Lessor shall have given Lessee written notice or such <br />taking (or in the absence of such notice, within 20 days after the condemning authority shall have taken possession) terminate this Lease <br />as of the date the condemning authority takes such possession. B'Lessee does not terminate this Lease in accordance with the foregoing. <br />this Lease shall remain in full force and effect as to the portion or the Premises remaining, except that the Base Rent shall be reduced in <br />proportion to the reduction Rentable Area of the Premises caused by such Condemnation. Condemnation awards and/or payments shall <br />he the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the <br />pan taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemner for <br />Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated <br />pursuant to the provisions of this Paragraph- All Alterations and Utility Installations made to the Premises by Lessee, for purposes of <br />Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is <br />payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the <br />Premises caused by such Condemnation to the extent of the Condemnation Award actually received by Lessor, irany. <br />15. Brokerage. <br />15.1 Representations and Indemnities or Broker Relationships. Lessee and Lessor cacti represent and warrant to the <br />other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any) in connection with this Lease, <br />and that no one other than said named Brokers is entitled to any commission or finder's fee in connection herewith. Lessee and Lessor <br />do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges <br />which maybe claimed by any such unnamed broker, finder cr other similar party by reason of any dealings or actions of the indemnifying <br />Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. <br />16. Estoppel Certificates, <br />(a) Lessee (as "Responding Party") shall within 10 days after written notice from Lessor (the "Requesting Party") <br />execute, acknowledge and deliver to the Requesting Party an estoppel statement or certificate in writing in the form designated by Lessor <br />(or Lessor's Lenderor purchaser), plus such additional information, confirmation and/or statements as may be reasonably requested by <br />the Requesting Party. <br />(b) If the Responding Party shall fail to execute or deliver the Estoppel Certificate within such 10 day period, the <br />Requesting Party may execute an Estoppel Certificate siting that: (i) the Lease is in full force and effect without modification except <br />as may be represented by the Requesting Party, (ii) there are no uncured defaults in the Requesting Party's performance, and (iii) not <br />more than one month's rent has been paid in advance. Prospective purchasers and encumbrances may rely upon the Requesting Party's <br />Estoppel Certificate, and the Responding Party shall be estopped from denying the truth of the facts contained in said Cerlilicate. In <br />addition, Lessee acknowledges that any failure on its part to provide such an Estoppel Certificate will expose Lessor to risks and <br />potentially cause Lessor to incur costs not contemplated by this Lease, the extent of which will he extremely difficult to ascertain. <br />Accordingly, should Lessee fail to execute and/or deliver a requested Estoppel Certificate in a timely fashion the monthly Base Rent <br />shall be automatically increased, without any requirement for notice to Lessee, by an amount equal to f o% or the then existing Base <br />Rent or $100, whichever is greater for remainder of the Lease. The Parties agree that such increase in Base Rent represents fair and <br />reasonable compensation for the additional risk/costs that Lessor will incur by reason of Lessee's failure to provide the Estoppel <br />17 <br />25E-19 <br />