Agenda Packets - 2026/02/09 - Laserfiche WebLink

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more than one(1)person or entity,the obligations of all such persons and/or entities under will be joint and several. THIS GUARANTY IS A CONTINUING, ABSOLUTE, IRREVOCABLE AND UNCONDITIONAL GUARANTY OF PAYMENT AND OF PERFORMANCE. This Guaranty shall remain in full force and effect notwithstanding the death, incompetency or bankruptcy, dissolution or termination of the existence of the Tenant or of any other guarantor. Guarantor hereby waives any and all legal requirements that Landlord will institute any action or proceeding of any kind or nature whatsoever against Tenant or anyone else with respect to the Lease as a condition precedent to bringing an action against Guarantor upon this Agreement. This Guaranty will be enforceable against Guarantor, its successors and assigns, without the necessity of any notice of non-payment, non-performance or non- observance or of any notice of acceptance of this Guaranty or of any other notice or demand, which Guarantor hereby expressly waives; and Guarantor hereby expressly agrees that the validity of this Guaranty and the obligations of Guarantor hereunder will in no wise be terminated,affected,diminished or impaired by reason of the assertion or the failure to assert by Landlord against Tenant, or against Tenant's successors or signs,of any of the rights or remedies reserved to Landlord pursuant to the provisions of the Lease. This shall be a continuing guaranty,and the liability of Guarantor hereunder will be deemed to also include all liabilities of Tenant arising out of any assignment, renewal, modification or extension of the Lease. The liability of Guarantor hereunder will in no way be affected, modified or diminished by reason of any assignment, renewal, modification or extension of the Lease or by reason of any modification or waiver of or change in any of the covenants, terms, provisions, conditions, of agreements of the Lease by Landlord and Tenant, or by reason of any extension of time that may be granted by Landlord to Tenant, its successors or assigns, or by reason of any dealings or transactions or matter or thing occurring between Landlord and Tenant, its successors or assign,or by reason of any bankruptcy, insolvency,reorganization, arrangement, assignment for the benefit of creditors,receivership or trusteeship affecting Tenant,whether or not notice thereof is given to Guarantor. 2. Guarantor warrants and represents to Landlord that it has the legal right and capacity to execute this Guaranty. 3. Except as specifically provided herein to the contrary, the Guarantor hereby waives all notice of the acceptance of this Guaranty,all requirements of notice of breach or nonperformance by Tenant, and all requirements of notice of any other matter or thing whatsoever. 4. No delay on the part of the Landlord in the exercise of any right or remedy will operate as a waiver thereof, and no single or partial exercise by the Landlord of any right or remedy will preclude other or further exercise thereof or the exercise of any other right or remedy; nor will any modification or waiver of any of the provisions of this Agreement be binding upon the Landlord or Guarantor, except as expressly set forth in a writing duly signed and delivered on behalf of the party sought to be bound thereby. 5. Any notices permitted or required hereunder will be in writing and will be personally served or deposited in the United States Mails, certified or registered mail,postage prepaid and addressed as follows: If to Landlord: Moundsview Square Associates,LLC 606 Washington Avenue N., Suite 400 Minneapolis,MN 55401 With a copy to: Siegel Brill, P.A.