Res 2007-183 - Laserfiche WebLink

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Lessor's continuing obligations under this Lease following a Taking and to the agreement between Lessor and Lessee regarding any condemnation awards. (b) Any condemnation award shall be divided between Lessor and Lessee in accordance with the relative amounts expended by each party for capital costs pertaining to the Leased Premises. Lessor shall deliver to Lessee that portion of any condemnation award that Lessor may receive to which Lessee is entitled as provided in this Section 10.6(b). The provisions of this Section 10.6(b) shall survive any termination pursuant to the terms of this Article 10. i 0.7 Settlement of Proceeds. Lessor shall not make any settlement with the condemning authority in any Condemnation proceedings nor convey or agree to convey the whole or any portion of the Leased Premises to such authority in lieu of condemnation without first obtaining the written consent of Lessee, which consent will not be unreasonably withheld or delayed. ARTICLE 11 Representations, Warranties and Special Covenants 11.1 Lessor's Representations, Warranties and Special Covenants. Lessor hereby represents, warrants and covenants as follows: (a) Existence. Lessor is a home rule municipal corporation of the State of Texas duly incorporated and currently existing pursuant to the constitution and laws of the State of Texas, including the Texas Local Government Code and Texas Government Code. (b) Authority. Lessor has all requisite power and authority to own the Leased Premises, to execute, deliver and perform its obligations under this Lease and to coxsummate the transactions herein contemplated and, by proper action in accordance with all applicable law, has duly authorized the execution and delivery of this Lease, the performance of its obligations under this Lease and the consummation of the transactions herein contemplated. (c) Binding, Obligation. This Lease is a valid and binding obligation of Lessor and is enforceable against Lessor in accordance with its terms subject to (a) applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, rearrangement, moratorium, receivership, liquidation and similar laws affecting creditors rights or (b) general principles of equity. (d) No Defaults. The execution by Lessor of this Lease and the consummation by Lessor of the transactions contemplated hereby (i) do not, as of the Commencement Date, result in a breach of any of the terms or provisions of, or constitute a default, or a condition which upon notice or lapse of time or both would ripen into a default, under Lessor's charter or any resolution, indenture, agreement, instrument or obligation to which Lessor is a party or by which the Leased Premises or any portion thereof is bound, other than any breach or default that would not have a material advexse effect on the performance by Lessor of its obligations under this Lease; and (ii) do not, to the actual knowledge of Lessor, constitute, a violation of any law, order, rule or regulation applicable to Lessor or any portion of the Leased Premises of any court 19 2425904, t