Reso 2013-2096 - Laserfiche WebLink

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(c) No Waiver. If LESSOR shall institute proceedings against LESSEE and a compromise or settlement of it shall be made, the same shall not constitute a waiver of the future breach of the same or of any other covenant, condition or agreement set forth in this Lease, nor of any LESSOR's rights under this Lease, unless expressly set forth in such settlement. Neither the payment by LESSEE of a lesser amount than the installments of Base Monthly Rent, Additional Rent or of any sums due under this Lease nor any endorsement or statement on any check or letter accompanying a check for payment or Rent other sums payable under this Lease be deemed an accord and satisfaction, and LESSOR may accept such check or payment without prejudice to LESSOR's right to recover the balance of such Rent or other sums or to pursue any other remedy available to LESSOR. No re-entry by LESSOR, and no acceptance by LESSOR of keys from LESSEE shall be considered an acceptance of a surrender of the Lease. (d) LESSOR May Cure LESSEE's Defaults. If LESSEE defaults in the making of any payment or in the doing of any act required in this Lease to be made or done by LESSEE, then LESSOR may, but shall not be required to, make such payment or do such act. If LESSOR elects to make such payment or do such act, all costs and expense incurred by LESSOR, plus interest on them at the highest rate allowable under the laws of the State of Florida from the date paid by LESSOR to the date of payment of them by LESSEE, shall be immediately paid by LESSEE to LESSOR, provided, however, that nothing contained in this Lease shall be construed as permitting LESSOR to charge or receive interest in excess of the maximum legal rate then allowed by law. The taking of such action by LESSORs shall not be considered as a cure of such default by LESSEE or bar LESSOR from pursuing any remedy to which it is otherwise entitled on account of such default. SECTION 18. REMEDIES TO BE NON-EXCLUSIVE. (a) Cumulative Remedies. All rights and remedies of the parties under this Lease or at law or in equity are cumulative, and the exercise of any right or remedy shall not be taken to exclude or waive the right to the exercise of any other, subject to the express limitations set forth in this Lease, if any. (b) Survival. Upon termination or expiration of this Lease, LESSEE shall remain liable for all obligations and liabilities that have accrued prior to the date of termination or expiration. SECTION 19. SURRENDER. LESSEE covenants and agrees to yield and deliver peaceably and promptly to LESSOR, possession of the Premises, on the Expiration Date or earlier termination of this Lease. LESSEE shall surrender the Premises in the condition required pursuant to this Lease, reasonable wear, tear, casualty and condemnation excepted. All maintenance and repairs shall be completed prior to surrender. SECTION 20. ACCEPTANCE OF SURRENDER OF LEASE. No agreement of surrender or to accept a surrender of this Lease shall be valid unless and until the same shall have been reduced to writing and signed by the duly authorized representatives of LESSOR and of LESSEE in a document of equal dignity and formality as this Lease. Except as expressly provided in this Lease, neither the doing of nor any omission to do 19