Res 2006-016 - Laserfiche WebLink

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hereunder, as the case may be, (b) that this Lease is unmodified and in full force and effect (or if there have been any modifiications, that the same is in full force and effect as modified and stating the modifications), (c) the dates to which the Base Rent and any other charges have been paid, and (d) that, to the then current actual knowledge, without independent investigation of Lessor or Lessee, as the case may be, no default hereunder on the part of the other Party exists (except that if any such default does exist, the certifying Party shall specify such default). 12.3 Release. If requested by Lessor, Lessee shall, upon termination of this Lease, execute and deliver to Lessor an appropriate release, in form proper for recording, of all Lessee's interest in the Leased Premises, and Lessor is hereby granted an irrevocable power of attorney, which is coupled with an interest, to execute such release if Lessee fails to do so within ten (10) days of Lessor's request. iJpon request of Lessee, Lessor will execute and deliver a written cancellation and termination of this Lease and release of all claims (if none are then outstanding) in proper form for recording to the extent such release is appropriate under the provisions hereof. 12.4 Interest_on Past Due Amounts. Should Lessee fail to pay any amounts due to the Lessor hereunder when due, same shall bear interest from the date due until the date of payment at the lesser of twelve percent (12%) per annum or the highest rate allowed by applicable law. For purposes of determining the highest rate allowed by law, should Chapter 303 of the Texas Finance Cade ever be deemed to apply to any such amounts, it is expressly agreed that the interest ceiling will be the "weekly ceiling" as defined in the Texas Finance Code, provided that if any applicable law permits a greater rate of interest, the law permitting the greatest rate of interest shall apply. 12.5 Notices. All payments regtured to be made by Lessee must be paid to Lessor at the address set forth below. All notices, demands, and other communications required to be given or made hereunder shall be in writing and shall be duly given if delivered by hand, messenger, facsimile or reputable overnight courier or if mailed by certified or registered mail, first class postage prepaid, to the respective parties hereto at the addresses set forth below, or to such other address furnished in writing to the other party hereto, and shall be deemed received upon the earlier of (i) actual receipt and (ii) (whether or not actually received) four (4) days aftex such mailing or upon receipt of confirmation of successful transmission of facsimile by the transmitting facsimile,. If to Lessee: JQH -San Marcos Development, LLC a Missouri limited liability company 300 John Q. Hammons Parkway, Suite 900 Springfield, Missouri 65806 Fax (417) 873-3540 With copies to: Debra Mallonee Shantz, General Counsel John Q. Hammons Hotels & Resorts 300 John Q. Hammons Parkway, Suite 900 Springfield, Missouri 65806 Fax (417) 864-4300 C 22 2025904.1