Res 1999-203 - Laserfiche WebLink

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essor If, at the end of the Term of this Lease, Lessee is not in default in the performance of any term or provision of this Lease, and all Lessee's obligations hereunder have been fulfilled, the Security Deposit, or any balance thereof remaining, shall be refunded to Lessee. No mortgagee of Lessor shall have any liability to Lessee for such Security Deposit until such mortgagees shall actually have received possession thereof. In the event this Lease should be terminated as provided in any Construction Rider attached hereto, Lessor may retain the Security Deposit as liquidated damages for its cost of preparing and revising the plans and specifications and/or other administrative costs incurred prior to such termination. This paragraph is not applicable to this lease and no deposit will be held. 25. Notices. Any notices, requests or other communications hereunder shall be deemed duly given, whether actually received or not, if made in writing when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, to the following addresses: To Lessor: San Marcos Center c/o Lynx Property Services 2101 South IH 35 Suite 401A Austin, Texas 78741 To Lessee: City of San Marcos Director of W.I.C. Suite 103 700 North LBJ San Marcos Texas 78666 or, if notice to Lessee from Lessor, when posted on the front door of the Premises or delivered by hand. Either party's address for notice may be changed from time to time by such party by giving notice as provided above. 26. Heirs and Assigns. This Lease shall be binding upon and inure to the benefit of the heirs, legatees, devisees, executors, administrators, successors and assigns of the respective parties hereto, who may come into possession of the premises in any manner whatsoever, except as may be restricted herein. 27. Estoppel Certificates. Lessor and Lessee agree that at any time and from time to time upon not less than ten (10) days prior notice to the other, Lessor or Lessee shall execute, acknowledge and deliver to the other a statement in writing certifying (a) that this Lease is unmodified and in full force and effect (or if there have been modifications, that this Lease is in full force and effect as modified and identifying the modifications), (b) the date to which the rental and other charges have been paid, and (c) that so far as the certifier knows, there is no default under the provisions of this Lease. It is intended that any such statement may be relied upon by any person proposing to acquire Lessor's or Lessee's interest, as the case may be, in this Lease or any prospective mortgagee or assignee of any mortgage upon such interest. 28. Subordination and Approval by Lender. Lessee agrees that its interest under this Lease shall be subordinate to any mortgage, deed of trust or similar device now or hereafter placed upon the Premises or all or any portion of the Shopping Center by Lessor. Lessee agrees to execute any instruments requested by Lessor or mortgagee to evidence such subordination. In addition, Lessee acknowledges that this Lease shall not be in full force and effect unless and until approved by the holder of any such mortgage, or by any lender who is going to provide funds for the construction of the Premises, and if Lessor can obtain such approval only upon the basis of modification of the terms and provisions of this Lease, Lessor shall have the right to cancel this Lease if Lessee refuses to approve in writing any such modification within fifteen (15) days after Lessor's request therefore. 15 Lessee 16 Lessor KL./;J