2007-069 - Laserfiche WebLink

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successors, assigns , heirs and legal representatives of the respective parties hereto. The term "Sublease", "Sublet", "Sublessee" and any other similar term shall apply to any situation by which LESSEE allows a third party use of the Premises for co-location, whether it be by formal sublease, license or other agreement. All rights and responsibilities of LESSEE set forth in this Agreement shall be enjoyed by and binding on any Sublessee . In the event LESSEE subleases any portion of the Property, in accordance with this Agreement, any rental paid by any Sublessee(s) shall be divided between the LESSOR and the LESSEE in the following manner: 50% to LESSOR and 50% to LESSEE. Any Sublessee shall be instructed to pay the foregoing percentage amounts directly to the LESSOR and the LESSEE. For all Subleases of any nature whatsoever, LESSEE will provide LESSOR with a tri-party agreement in the form attached hereto as Exhibit "C " to be executed by the LESSEE, its Sublessee, and LESSOR to confirm direct payment obligation from the Sublessee to the LESSOR and to indicate LESSOR has been notified of the sublease; and LESSEE shall have no liability of any nature to LESSOR in the event of failure of payment by Sublessee. It is understood and agreed by the Parties that the foregoing rental percentage amounts shall only apply if LESSEE is able to accommodate all of Sublessee ' s facilities within the Premises. If LESSEE is unable to accommodate any or part of Sublessee ' s facilities within the Premises, then LESSOR may enter into an agreement with the Sublessee for a portion of the Property that Sublessee requires to locate its facilities. In this event, LESSEE shall receive 100% of the rental for that portion of the facilities that are located within the limits of the Premises and LESSOR shall receive 100% of the rental , negotiated by LESSOR and Sublessee, for the portion of Sublessee' s facilities that are located on the Property outside the Premises . Notwithstanding any other provision of this Agreement, the LESSEE shall not be required to obtain approval from the LESSOR for the Subletting of the Premises or part thereof; however, LESSEE shall provide written notice thereof to LESSOR. LESSEE shall have the sole right to determine whether it will Sublet any portion of the Premises or whether it will sublease to any specific Sublessee. 33 . CAPITAL CONTRIBUTION. Concurrent with the execution of this Agreement by LESSEE, LESSEE shall tender to LESSOR, as a capital contribution, a check in the amount of Fifteen Thousand and 00/ 100 Dollars ($ 15 ,000.00) . 34. TAXES . LESSEE shall pay as additional rent any documented increase in real estate taxes levied against the Property which are directly attributable to the improvements constructed by LESSEE within the Premises. LESSOR shall provide to LESSEE a copy of any notice, assessment or billing relating to real estate taxes for which LESSEE is responsible under this Agreement within ten ( 10) days of receipt of the same by LESSOR. LESSEE shall have no obligation to make payment of any real estate taxes until LESSEE has received the notice, assessment or billing relating to such payment as set forth in the preceding sentence . LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal , challenge or seek modification of any real estate tax assessment or billing for which LESSEE is wholly or partly responsible for payment under this Agreement. LESSOR shall reasonably cooperate with LESSEE in filing, prosecuting and perfecting any appeal or challenge to real estate taxes as set forth in the preceding sentence , including but not limited to, executing any consent to appeal or