PL PACKET 11202001 - Laserfiche WebLink

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• (e) Late Charge. In the event Tenant fails to pay any portion of the Rent payable by Tenant hereunder within five(5)days of the date that such amount is due,Tenant shall pay to Landlord on demand a late charge in an amount equal to five percent (5%)of such installment or other charge that is so overdue in any month,and two percent(2%)each month thereafter until paid in full,to help defray the additional cost to Landlord for processing such late.payments. Such late charge shall be additional rent hereunder and the failure to pay such late charge within five(5)days after demand therefor shall be an Event of Default hereunder. The provision for such late charge shall be in addition to all of Landlord's other rights and remedies hereunder and shall not be construed as liquidated damages or as limiting Landlord's remedies in any manner. (f) Miscellaneous. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the remedies herein provided or any other remedies available at law or in equity, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any Rent due to Landlord hereunder or of any damages accruing to the non-breaching party by reason of the violation of any term, provision and/or covenant herein contained. No agreement to accept a surrender by Tenant of its right or possession of the Premises shall be valid unless in writing signed by Landlord. No waiver by either party of any violation or breach of any term. provision and/or covenant herein contained shall be deemed or construed to constitute a waiver of any other violation or breach of any term, provision and/or covenant herein contained.Landlord's acceptance of the payment of rental or other payments hereunder after the occurrence of an Event of Default shall not be • construed as a waiver of such default,unless Landlord so notifies Tenant in writing. Forbearance by either party to enforce one or more of the remedies with respect to any default shall not constitute a waiver thereof, or a waiver of any remedy in connection with any subsequent default, unless such waiver is acknowledged in writing. In the event of any litigation to enforce or interpret the terms hereof,the prevailing party shall be entitled to an award of its reasonable attorneys' fees and disbursements. 23. Mortgages. Tenant accepts this Lease subject and subordinate to any mortgage(s)now or at any time hereafter constituting a lien or charge upon the Property or the Premises;provided,however,that if the holder of any such mortgage elects to have Tenant's interest in this Lease superior to any such instrument, then, by notice to Tenant from such holder, this Lease shall be deemed superior to such lien, whether this Lease was executed before or after said mortgage.Tenant shall at any time hereafter on demand execute any instruments,releases or other documents that may be required by any mortgagee for the purpose of subjecting and subordinating this Lease to the lien of any such mortgage:provided,it shall be a condition to Tenant's obligation to subordinate to any future mortgage encumbering the Building that Tenant receives an agreement from the holder of any such mortgage that,in the event that such holder acquires the Landlord's interest in the Building, such holder shall recognize the validity of this Lease so long as Tenant is not in default hereunder beyond any applicable cure periods. 24. Landlord's Default. In the event of any default by Landlord. Tenant will give Landlord written notice specifying the default with particularity, and Landlord shall thereupon have thirty(30)days in which to cure any such default;provided,in the event such default cannot reasonably be cured within such • thirty (30) day period, an event of default shall not be deemed to have occurred so Ion- as Landlord - 18