Agenda - Council - 03/27/2018 - Laserfiche WebLink

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24. Surrender of Premises. At the termination of this Lease, Tenant shall surrender the Premises and all keys thereof to Landlord. 25. Eminent Domain. If the entire Premises are taken by any public authority under the power or threat of eminent domain, then the term of this Lease shall cease as of the day possession shall be taken by such public authority, and the Landlord shall make a pro rata refund of any Rent that has been paid in advance by Tenant for a period beyond the date of the taking. In the event that less than the entire Premises is so taken and provided the Premises are not rendered untenable thereby, then this Lease shall terminate only at the option of the Landlord. In the event that only a part of the Premises is so taken and that this Lease does not so terminate, there shall be a pro rata reduction in Rent to the extent that such taking interferes in any way with Tenant's use of the Premises, and all other terms and provisions of this Lease shall remain in full force and effect. All damages awarded for such taking shall belong to and be the property of the Landlord, irrespective of the basis on which they were awarded. 26. Subordination. Tenant agrees that, at the Landlord's election, this Lease shall be subordinate to any land Lease or mortgage now on or to be placed in the future on the Premises or Building and to any and all advances to be made thereunder and to the interest thereon and to all renewals, replacements and extensions thereof, provided that such subordination shall not materially affect either party's obligations under this Lease. Tenant hereby appoints Landlord as its attorney -in -fact to execute such documents as may be required to accomplish such subordination. 27. No Waiver. No reference to any specific right or remedy shall preclude Landlord from exercising any other right or from having any other remedy or from maintaining any action to which it may otherwise be entitled ether at law or in equity. Landlord's failure to insist upon a strict performance of any covenant of this Lease or to exercise any option or right herein contained shall not be a waiver or relinquishment for the future of such covenant, right or option; but the same shall remain in full force and effect. 28. Captions. The captions and headings herein are for convenience and reference only. 29. Brokers. Each of the parties represents and warrants to the other that there are no claims for brokerage commission or finder's fees in connection with the execution of this Lease other than Premier Commercial Realty; which represents the Landlord. Both parties agree to indemnify the other against, and hold it harmless from, all liabilities arising from any other such claims including, without limitation, reasonable attorney's fees in connection therewith. 30. No Partnership. This Lease does not create a joint venture or partnership relation between the parties hereto. 31. Hazardous Materials. In the event Hazardous Material is brought or caused to be brought into or onto the Premises by Tenant, Tenant shall handle any such material in compliance with all applicable federal, state and/or local regulations. For purposes of this paragraph, Hazardous Material means and includes any hazardous, toxic or dangerous waste, Page 7 of 12