Res 1998-213 - Laserfiche WebLink

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or other sum to be paid hereunder, Tenant will pay Landlord on demand a late charge of ten percent (10%) thereof. Failure to pay such late charge upon demand therefor shall be an event of default hereunder. Provision for such late charge shall be in addition to all other rights and remedies available to Landlord hereunder or at law or in equity and shall not be construed as liquidated damages or limiting Landlord's remedies in any manner. 26. Holding Over. In case of holding over by Tenant after expiration or termination of this Lease or of any renewal or extension thereof, Tenant shall be a tenant at sufferance and shall pay double rent for the entire holdover period and shall also pay all attorney's fees and expenses incurred by Landlord in enforcing its rights hereunder. No holding over by Tenant after the Term of this Lease, as such term may be renewed or extended either with or without consent and acquiescence of Landlord, shall operate to extend this Lease for a period longer than one month unless a holdover agreement in writing specifies a longer period. 27. Parkin!!. Landlord shall be entitled to designate areas within which Tenant and its agents and employees and invitees may park vehicles driven by them and Tenant covenants and agrees that such vehicles will be parked only within such designated areas. Landlord may change from time to time the areas designated for parking. 28. Subordination. Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing upon the Demised Premises. Upon request of the Landlord, Tenant will in writing subordinate its rights hereunder to the lien of any mortgage, or deed of trust, to any bank, insurance company or other lending institution, now or hereafter in force against the land and building of which the Demised Premises are a part, and upon any buildings hereafter placed upon the land of which the Demised Premises area part, and to all advances made or hereafter to be made upon the security thereof. In the event that Tenant does not execute such further instrument subordinating this Lease as Landlord may request, Landlord is hereby irrevocably vested with full power and authority and appointed Tenant's attorney-in-fact to subordinate Tenant's interest hereunder to nay such mortgage, deed of trust or other lien hereafter placed on the Demised Premises. Provided, such further subordination of U!!ns of mortgage or deed of trust hereafter placed on the Demised Premises shall be upon the express condition that this Lease shall be recognized by the mortgagee and that the rights of Tenant shall rcmain in full force and effect during the term of this Lease so long as Tenant shall continue to perform all of the covenants of this Leasc. In the event any proceedings are brought for foreclosure, or in the event of the exercising of the power of the sale under any mortgage or deed of trust made by the Landlord covering the Demised Premises, the Tenant shall attorn to the purchaser upon any such sale and recognize such purchaser as the Landlord under this Lease. 29. Transfer of Landlord's Rights. Landlord shall have the right to transfcr and assign, in whole or in part, all and every feature of its rights and obligations hereunder and in the building nnd property referred to herein. Such transfers are to be in all things respected and recognized by Tenant. 30. No Waiver. No acceptance of rent by Landlord or delay in enforcing any obligation shall be construed as a waiver of any default in the performance of any obligation to be undertaken by Tenant. Landlord's failure to enforce the default provisions hereof in the event of Tenant's default hereunder shall not act as a waiver of Landlord's right to enforce the default provisions hereof in the event of a subsequent breach thereof by Tenant. 31. Notices. Any notices, requests or other communications hereunder shall be deemed duly given if made in writing and delivered or mailed by registered or certified m.dl to the parties hereto at the respective addresses set out opposite their signnture to this Lense. Any notice to the Tenant may also be given by leaving it at the Demised Premises or by posting it to the door or other conspicuous place at the Demised Premises. 32. Estoppel Certificates. Tenant agrees that at any time and from time to time upon not less than ten (10) days prior notice it will execute, acknowledge and deliver to Landlord a statement in writing certifying (a) that this Lease is unmodified and in full force and effect )or if th~re have been modifications), (b) the date to which the rent 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 (or specifying any defaults, if !IllY there be). It is intended that any such statement may be relied upon by any person proposing to acquire Landlord's interest in this Lease or any prospective mortgages or assignee of any mortgage upon such interest. 33. Mechanic's and Materialman's Liens. Tenant agrees to insure that no mechanic's or materialman's lien will be filed against the Demised Premises for any work claimed to have been done or for any material claimed to have been furnished to Tenant. and, if such liens are filed against the Demised Premises, Tenant will discharge same within five (5) days thereafter. If Tenant shall fail to cause such lien, encumbrance, or charge to be discharged within the five-day period, Landlord may, but shall not be obligated to, discharge the lien, whether by paying the amount claimed to be due or by pursuing the discharge of the lien through judicial proceedings. Tenant agrees to pay Landlord upon demand as Additional Rent, the sum paid by Landlord to discharge the mechanic's or materialman's lien 10/12 Landlord: Tenant: