Res 2007-183 - Laserfiche WebLink

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STATE, WITHOUT REGARD TO ANY OTHERWISE APPLICABLE PRINCIPLES OF CONFLICTS OF LAW. 12.12 Venue for Actions. The venue for any legal action arising out of this Lease shall lie exclusively in Hays County, Texas. 12.13 Attorneys' Fees. Should either Party to this Lease engage the services of attorneys or institute legal proceedings to enforce its rights or remedies under this Lease, the prevailing party to such dispute or proceedings shall be entitled to recover its reasonable attorneys' fees, court costs and similar costs incurred in connection with the resolution of such dispute or the institution, prosecution or defense in such proceedings from the other Party. 12.14 Kelationship of Parties. Nothing contained herein shall be deemed or construed by the Parties hereto or by any third party as creating the relationship of principal and agent, partnership, joint venture or any association between the Parties hereto, it being understood and agreed that none of the provisions contained herein or any acts of the Parties in the performance of their respective obligations hereunder shall he deemed to create any relationship between the Parties hereto other than the relationship of Lessor and Lessee. It is understood and agreed that this Lease does not create a joint enterprise, nor does it appoint either Party as an agent of the other for any purpose whatsoever. Neither Party shall in any way assume any of the liability of the other for acts of the other or obligations of the other. Each Party shall be responsible for any and all suits, demands, costs or actions proximately resulting from its own individual acts or omissions. 12.15 Net Lease. It is the intention of Lessor and Lessee that the Base Rent payable under this Lease after the Commencement Date and all Impositions and other costs related to Lessee's use or operation of the Leased Premises under this Lease, shall be absolutely net to Lessor, and that Lessee shall pay during the Term, without any offset or deduction whatsoever, all such Impositions and other costs due by Lessee under this Lease. Lessee's covenant to pay Base Rent and additional rent is independent of every other covenant in this Lease. 12.16 Non-Waiver. No Party shall have or be deemed to have waived any Event of Defai>Zt under this Lease by the other Party unless such waiver is embodied in a document signed by the waiving Party that describes the Event of Default that is being waived. Further, no Party shall be deemed to have waived its rights to pursue any remedies under this Lease, unless such waiver is embodied in a document signed by such Party that describes any such remedy that is being waived. 12.17 Obligations to Defend Validity of Lease. If litigation is filed by a third party against Lessee or Lessor in an effort to enjoin either Party's performance of this Lease, the Parties hereto who are named as parties in such action shall take all commercially reasonable steps to support and defend the validity and enforceability of this Lease. Either Party may intervene in any such matter in which the other Party hereto has been named as a defendant. F_,ach Party shall be responsible for its attorneys' fees and costs of litigation. 12.18 Survival. Covenants in this Lease providing for performance after termination of this Lease shall survive the termination of this Lease. 24 2025904.1