Res 1998-153 - Laserfiche WebLink

Home Browse Search

VOL lÜ*~ PACt .iJl~ " The Lessor and its officers, agents and employees shall not be liable for any damages or injuries that result to the Lessee trom any action taken under this paragraph, whether caused by the negligence of the Lessor or otherwise. The Lessor's pursuit of any of these remedies will not preclude pursuit of any other remedies provided under this Lease or by law, nor will pursuit of any remedy constitute a waiver of any rent due to the Lessor or of any damages caused to the Lessor by any violation of this Lease by the Lessee. Any failure by the Lessor to enforce a remedy upon an event of default shall not be deemed to constitute a waiver of the default or of the Lessor's right to insist on strict compliance with this Lease. 11.03. Ifit becomes necessary for the Lessor to employ an attorney to enforce or defend any of the Lessor's rights or remedies because of any breach or default by the Lessee under this Lease, the Lessee agrees to pay all reasonable attorney's fees incurred by the Lessor, within 30 days of the Lessor's issuance of a statement for the fees to the Lessee. Article 12. Landlord's Lien 12.01. The Lessee grants to the Lessor a valid first security interest upon all of the Lessee's goods, chattels, furniture, fixtures and property upon the Leased Premises to secure all rents and other sums due or to become due to the Lessor. The Lessee expressly waives all exemption laws in favor of this security interest~ and it is agreed that this express security interest shall be in addition to, and not as a waiver of or substitute for any statutory or other liens of the Lessor. In connection with this security interest, it is agreed that in the event of a breach or default by the Lessee, the Lessor shall be entitled to exercise all rights and remedies provided to a secured party after default under the Uniform Commercial Code ("UCC"), as adopted and amended in Texas, with respect to all such property, including, without limitation, the right to take and retain possession of the property and to sell it at public or private sale, or to use it in any other manner authorized or provided in the UCC. Upon request by the Lessor, the Lessee agrees to execute and deliver UCC Financing Statements to the Lessor as the Lessor deems necessary to perfect the Lessor's security interest in the property, and proceeds thereof under the provisions of the UCC. Article 13. Lessee's Mortgage of Leasehold Interest 13.01. The Lessor grants permission to the Lessee for the mortgaging of the Lessee's leasehold interest in the Leased Premises for the sole purpose of obtaining funding for pennanent improvements to the Leased Premises. This clause is self operative and no further instrument of subordination need be required by any mortgagee of the Lessee. The mortgaging by the Lessee of its leasehold interest for any other purpose, however, shall require the advance written approval of the Lessor. In the event of default by Lessee under such loan and foreclosure under any security instrument securing the same, so long as such mortgagee or any other purchaser of such foreclosure sale performs the covenants of Lessee hereunder, including, without limitation, the payment of rents required to be paid hereunder, ~ the Lessor shall accept such mortgagee or other purchaser as the lessee under this Lease. 10 \~ -----