PL PACKET 11202001 - Laserfiche WebLink

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• commences an effective cure within said thirty (30) day period and prosecutes such cure diligently to completion. All obligations of Landlord hereunder will be construed as covenants,not conditions, and all such obligations will be binding upon Landlord only during the period of its ownership of the Premises and not thereafter. Provided, however, that any judgment in favor of the Tenant against the Landlord shall continue to survive against Landlord in the event of a sale of the Premises or an.assignment of the lease to a third party. No officer, agent, trustee, beneficiary or general or limited partner of Landlord shall be personally liable for any deficiency. The foregoing shall not limit any right that Tenant might have to obtain injunctive relief against Landlord or to maintain any suit or action in connection with the enforcement or collection of damages to the extent that such damages are payable under policies of liability insurance maintained by Landlord. 25. Mechanic's Liens. Tenant shall have no authority,express or limited.to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord or Tenant in the Building,the Property or the Premises,including those who may furnish materials or perform labor for any construction or repairs. Tenant shall pay all sums legally due and payable on account of any labor performed or materials furnished in connection with any work perform-ed on the Premises by Tenant or at Tenant's instance,and Tenant will shall indemnify Landlord from any and all loss, cost and expense, including reasonable attorneys' fees, based on or arising out of such claims or liens asserted against the Tenant's leasehold estate or against the right, title and interest of the Landlord in the Building, the Property or the Premises.Tenant shall give Landlord immediate written notice of the placing of any such lien or encumbrance against the Building, the Property or the Premises. 26. Personal Property Taxes. Tenant shall be liable for all taxes levied or assessed against personal property.furniture or fixtures owned by Tenant or placed by Tenant on,in or at the Premises.If any such taxes for which Tenant is liable are levied or assessed against Landlord or Landlord's property and if Landlord elects to pay the same,or if the assessed value of Landlord's property is increased by inclusion of such personal property,furniture or fixtures placed by Tenant on, in or at the Premises,and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that portion of such taxes. 27. Notices. All bills,statements,notices or communications,including changes of address of either party, which either party may desire or be required to give to the other shall be deemed sufficiently • given or rendered if in writing and either delivered to the other party personally, sent by registered or certified mail, return receipt requested. sent by national air courier service, addressed to either party at the Notice Address shown on the Data Sheet. The time of rendition thereof or the giving of such notice or communication shall be deemed to be the time when the same is personally delivered to the other party, deposited in the mail,or delivered to the other party by a national air courier service as herein provided.Any notice or the return of any access cards, keys, or otherwise to be given from Tenant to Landlord must be delivered in the manner set forth above. 28. Exclusive Use. Landlord agrees that,without Tenant's written consent,Landlord will not lease any portion of the Building to any other tenant whose primary business consists of the Tenant use described in the Tenant Data Sheet contained herein: provided, the restrictions in the Paragraph shall not apply to any existing tenants or other occupants under leases that permit the conduct of any such use,as the same may be extended,and apply only to the extent that Landlord may lawfully enforce the same,and shall automatically terminate upon the earliest to occur of: (i)the termination of Tenant's ri ght to possession of the Premises; (ii)Tenant's abandonment of the Premises; or(iii)the termination of the Lease. • 19