02/09/2021 - Laserfiche WebLink

Home Browse Search

it may be extended as provided above), Tenant's exclusive remedy shall be an action tur actual damages suffered or incurred by 'Tenant. No dciault by Landlord tinder this Lease shall give Tenant the right to terminate this Lease or withhold or otherwise abate Buse hent, Additional Rcpt or any sums payable to Landlord by. "tenant tinder this Lease and in no event shall Landlord be liable for any special, consegnentiat or poni(ive damages. if the holder ol'the first mortgage covering the premises shall have Riven prior written notice to Tenant that it is the holder of such first mortgage and such notice includes the address at which notices to such mortgagee rare to be sent, then 'tenant shall give such mortgagee notice simultaneously with any notice given to Landlord to correct any delault of Landlord as hereinabove provided. Such mortga-ce shall have the right within thirty (30) days (or within such additional time as .is reasonably required to correct any sucliAcrault) after receipt of such notice to correct or remedy such default:before Tenant may take -any action tinder this Lease by reason of such del'ault. Any notice ofdcfuitlt givetrLandlord by 'Tenant shall be'ntill and void unless simultaneous notice; hits been given by Tenant to said.first mortgagee. 35. I..iWFATI©N OFLANDLORD'S RD'S LIABILITYY. In the event ot'p'amster m)d assignment by Landlord of its. interest in this Lease and/or sale of the Building containing the Premises. Landlord shall thereby be released from any further from and after the date ol'such transfer, and Tenatit agrees to look solely it) such successor in interest of landlord For performance- of such obligations. it is'specitically understood acid agreed that there shrill be no personal liability of Landlord wild respect to any -of the covei-mus, conditions or provisions of this Lease; in the event of a breach or default by Landlord ol'any of .its obligations under this Lease. Tenant shall look solely to the equity of Landlord in.the :B.gilding f'or.(he. satisfaction .a.f "T`enant's remedies. 36. NOTICES. Arty notice or document required -or permitted to he delivered hereunder shall be in writing, and 'sti.iill:.be.°iltlivered fig the' party. -to mhoti •directed at the respective addresses set out -in. Sections 1(a)'aiicl (c):°alit5tieor sut:h`:.o cr-address°desiSiiafett by tilt appiicahle party pursuant tot written notice delivered iii ai ccit4fncc xvith this Section 31. tJclivcry shalt be only (i) by hand, with delivery being: clot n)etl contpleie: upon act t;rC receipt by the pi tety to whorti directed at The address listed; or (ii) by U.S. CcrlittctT.or Re istc:red Mail, pottage prepaid, return receipt requested, with delivery being dLumcd complete upon .idle e,►rilet be. ktual tcc6j)t by the party to whom directed, or three (3) business -days after deposited with the U;S:..Postal Service; or (iii) by.tiationally recognized overnight delivery company; oust prepaid, next day delivery designated; with delivery being dcumed complete upon the earlier of actual delivery by such company to the.address it) which.directed, or the -date on which delivery is attempted by the delivery company: 37. INSURANC E. (a) 'T"e iani.A.)all'not ,cUnduci or permit to. be conducted any activity, ur place tiny equipment, 111trterials or -other items in., on or about tlw Premises or the Building, which will in any -%vay increase'th Hite �T Cirt :or atabrltty or casually insuraute czn the Building_ Should Tenant fait to con;ply with the forego tib<:coxeturat on Its part •to tie peirurnie& 'Tenant skull rciniburse Landlord for suet) increased a.." wit upd1v writteil debaiid thcraiir teii6i Landlord, the same- ti) bt: c'onsidered Additional Rent payablo1wreunt:l r. (b) Tcnant sball, & Tenanfs sole expense, obtain and keep in force at .ill times during the Terni of this ll -wise, ctiinprehenAve- "cneral liability insurance, including property damage on an occurrcnct: basis, with limits of iu5t less than One Million Dollars ($1,000,000.00) per occurrence. Two Million'Dollars ($2,000,000,00)'_in the aggregate, One Million Uulfars (51,000,000.00) Pers -oma) Injury — Employee Ex6lusions Deleted anti Five Thousand Dollars ($5;000.00) Medical Payments, insurintq Undlord and Tenant auainst:any liability arising out of the ownership, use, occupancy or maintenance of the Premises- and: all areas appurtenant thcrcio. TenSnt shall also obtain and keep in force during the 13 74