SR 06:173 - Laserfiche WebLink

18. Miscellaneous. (a) The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. (b) Each party agrees to furnish to the other, within twenty (20) days after request, such truthful estoppel information as the other may reasonably request. (c) This Lease constitutes the entire agreement and understanding of the parties, and supercedes all offers, negotiations and other agreements, with respect to the subject matter and property covered by this Lease. (d) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Lease in substantially the form attached hereto as Exhibit C necessary to protect its rights or use of the Premises. The Memorandum of Lease may be recorded in place ofthis Lease, by either party. In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees, upon request of Ten ant, to obtain and furnish to Tenant a non-disturbance and attornment agreement for each such mortgage or deed of trust, in a form reasonably acceptable to Tenant. Tenant may obtain title insurance on its interest in the Premises. Landlord agrees to execute such documents as the title company may require in connection therewith. (e) This Lease shall be construed in accordance with the laws of the state in which the Property is located. (f) If any term of this Lease is found to be void or invalid, such finding shall not affect the remaining terms of this Lease, which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. Any questions of particular interpretation shall not be interpreted against the draftsman, but rather in accordance with the fair meaning thereof. No provision of this Lease will be deemed waived by either party unless expressly waived in writing signed by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provision of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. (g) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacity as indicated. (It) This Lease may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. (i) All Exhibits referred to herein and any Addenda are incorporated herein for all purposes. The parties understand and acknowledge that Exhihit A (the legal description of the Property) and Exhibit B (the Premises location within the Property), may be attached to this Lease and the Memorandum of Lease, in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, Exhibits ^ and/or B, as the case may be, which may have been attached hereto in preliminary fomt. may he replaced by Tenant with such final, more complete exhibit(s). The terms of all Exhibits are incorporated herein for all purposes. (j) If Landlord is represented by any broker or any other leasing agent. Landlord is responsible for all commission fee or other payment to such agent, and agrees to indemnify and hold Tenant hannless from all claims by such broker or anyone claiming through such broker. If Tenant is represented by any broker or any other leasing agent, Tenant is responsibJe for all commission fee or other payment to such agent. and agrees to indemnifY and hold Landlord harmless from all claims by such broker or anyone claiming through such broker. The effective date of this Lease is the date of execution by the last party to sign (the "Effective Date"). Approved as to form Michael H. Roush City Attorney" Site Number. Site Name: Market: BAIZ765 Water Taok Hill Boy Area 5 CA Version 7.6.05