Res 2010-062 - Laserfiche WebLink

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3.1 Security Deposit. At the time of execution of this Lease, Lessee shall deposit with Lessor the sum of $900.00 to secure performance of Lessee's obligations under this Lease during the initial term and renewal or extension periods, if any. If Lessee fails to pay rent or other sums when due, the security deposit may, at Lessor's option be applied to such unpaid amounts. The security deposit (or an accounting thereof) shall be returned to Lessee within thirty (30) days after surrender of the Leased Premises by Lessee, less lawful deductions for damages and other sums due under this Lease. 4.1. Term, Commencement, and Anniversary. The lease term shall be for Five (5) Years commencing on July 1, 2010 and ending on May 31, 2015. If Lessor delays in delivering possession until after the above stated date, the commencement date shall be delayed until delivery of possession. The annual anniversary date of this Lease shall be the first day of the first full month for which rent is paid. 4.2 Early Termination. The five year term of this Lease is contingent upon the annual appropriation of funds by the San Marcos City Council based on funding from the Texas Department of State Health Services for the purposes of this Lease. If the San Marcos City Council fails to appropriate funds for such purposes in any fiscal year during the term of this Lease, the Lease term will be adjusted to terminate concurrently with the end of period for which funding has been appropriated. Notwithstanding any other provision in this Lease to the contrary, termination of the Lease under this paragraph does not constitute a default by Lessee under any provisions of this Lease and the penalties and remedies for default outlined in this Lease are not applicable. Lessor further agrees that it shall have no recourse against the Lessee for failure of the San Marcos City Council to appropriate funds for the purposes of this Lease. Lessee agrees to give Lessor notice of any non - appropriation of funds relating to this Lease within 15 days of notification by State. 5.1. Delivery of Possession and Acknowledgement of Commencement. Lessor shall deliver keys and possession of Lessee's office space to Lessee on the Commencement Date stated in Paragraph 4.1. Lessee will not be liable for rent until Lessor delivers possession of the Leased Premises to Lessee. If Lessor is unable to deliver possession of the Leased Premises, after commercially reasonable efforts to do so, on the above commencement date, neither Lessor nor its agents shall be liable for any damages; and this Lease shall not terminate unless Lessor is unable to deliver possession within five days after the commencement date, in which event, Lessee may elect to terminate the Lease. Lessor shall provide Lessee with at least 45 days' notice of its anticipated inability to deliver possession of the Leased Premises by the commencement date. 6.1. Quiet Possession and Access. If Lessee is current and in compliance with all of its obligations under this Lease, Lessee shall be entitled to peaceful and quiet possession of Lessee's office space, subject to all terms and conditions of this Lease. Lessor shall make diligent efforts to have all other Lessees in the building comply with building rules and regulations. Otherwise, failure of other lessees to comply with such rules and regulations shall not be considered a default by Lessor. Lessee shall have access to the common parking areas at all times subject to any limitations presently existing in the rules and regulations attached as Exhibit C. Lessor shall have access to the Leased Premises at all times for reasonable business purposes. 6.2 "tion. Lesso� [Paragraph Deleted] Lessee: V W.I.C. Lease