Res 2006-016 - Laserfiche WebLink

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- e.k DoT _ fi s ii~ii~441~ QF'k 244i! ~~7 12.16 Non-Waiver. No Party shall have or be deemed to have waived any Event of Default 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. Each 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. 12.19 Entire Agreement. This Lease (including the Exhibits attached hereto and incorporated herein, if any) and the other documents delivered pursuant to this Lease or referenced herein constitute the full and entire understanding and agreement between the Parties with regard to the subject matter hereof. There aze no representations, promises or agreements of Lessor or Lessee regarding the subject matter of this Lease not contained in this Lease, the Exhibits attached hereto or the other documents delivered pursuant to this Lease or referenced herein. 12.20 Counterparts. This Lease may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. 12.21 Limitation on Damages. Anything to the contrary in this Lease notwithstanding, Lessee hereby waives any consequential damages, compensation or claims for inconvenience, loss of business, rents or profits as a result of any injury or damage, whether or not caused by the willful or negligent act of Lessor or its representatives, agents or employees. Notwithstanding anything contained herein appearing to the contrary, it is expressly agreed that any liability of Lessor to Lessee for money damages arising out of a breach of Lessor's obligations hereunder shall be limited to an amount equal to Lessor's equity interest in the Conference Center and the Land. 12.22 Memorandum of Lease Agreement. Upon either Party's request, the other Party shall execute and allow such party to record in Hays County, Texas, a Memorandum of Lease Agreement with respect to this Lease. In the event such a Memorandum is recorded, the parties agree that upon a termination of this Lease, the Parties shall execute and record a termination of such Memorandum of Lease Agreement. 12.23 Termination of Master Agreement. In the event the Master Agreement is terminated pursuant to the terms of Section 6.1 thereof, it is expressly agreed that this Lease shall terminate as well and neither Party shall have any rights or obligations one unto the other hereunder. Furthermore, it is expressly agreed that Lessor shall have no obligation to construct C-25 803273.4