Agenda - Council - 07/25/2017 - Laserfiche WebLink

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or by overnight express service which maintains confirmation of delivery, (i) if to Landlord at Landlord Address set forth on Item 8 of the Data Sheet, and (ii) if to Tenant, at Tenant Address set forth in Item 9 of the Data Sheet, unless notice of a change of address is given pursuant to the provisions of this Section. The day notice is given by mail shall be deemed to be the day following the day of mailing. If acceptance is refused, as evidenced by the records of the Postal Service or overnight delivery service, notice shall be deemed given on the date acceptance is refused. 21. ESTOPPEL CERTIFICATES: Tenant agrees at any time and from time to time, upon not less than five (5) days prior written notice by Landlord, to execute, acknowledge and deliver to Landlord or a party designated by Landlord a statement in writing (i) certifying that this Lease is unmodified and in full force and effect, or if there have been modifications, that the Lease is in full force and effect as modified and stating the modifications, (ii) stating the dates to which the rent and other charges hereunder have been paid by Tenant, (iii) stating whether or not Landlord is in default in the performance of any covenant, agreement or condition contained in this Lease, and, if so, specifying each such default, (vi) such other matters relating to this Lease as may reasonably be requested. Any such statement delivered pursuant hereto may be relied upon by any owner of the Project or any prospective purchaser of the Project. Tenant acknowledges that failure to comply with this Section 20 on a timely basis could result in loss of a favorable sale and Tenant agrees to be liable for any consequential damages resulting from Tenant's breach hereunder. 22. SURRENDER: HOLDING OVER: Upon the expiration of this Lease or the earlier termination of Tenant's right to possession, Tenant shall immediately vacate the Premises, remove all of its property therefrom, remove any Hazardous Materials installed, used, generated, stored or disposed of by Tenant, and leave the Premises in the condition required by this Lease. Any property not removed shall be deemed abandoned, and Tenant shall be liable for all costs of removal and Tenant shall indemnify, defend and hold Landlord harmless from any cost or liability due to disposition of any property in the Premises in which a person other than Tenant has an interest. Should Tenant continue to occupy the Premises, or any part thereof, after the expiration or termination of the Lease term, whether with or without the consent of Landlord, such tenancy shall be from month to month and the monthly Rent set forth in the term sheet shall be payable if Tenant's holdover is without the consent of Landlord, neither this Section nor the acceptance of any rent hereunder shall prevent Landlord from exercising any remedy to regain immediate possession of the Premises. 23. BROKERS: Tenant warrants that it has not engaged or dealt with any broker in connection with this Lease and Tenant agrees to indemnify and hold Landlord harmless from and against any claim for broker's fees or finder's fees asserted by anyone on account of any dealings with Tenant in connection with this Lease. 24. MISCELLANEOUS: 24.1 This Lease is governed by and shall be construed according to the laws of the State of Minnesota. Page 6 of 9