Reso 2013-2162 - Laserfiche WebLink

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negotiations, representations, understandings and agreements, whether written or oral, all of which are merged into this Sublease. 34.3 Survival. All of the provisions of this Sublease which could require enforcement or application after the expiration or any earlier termination of this Sublease (including, without limitation, all indemnities contained in this Sublease) shall survive the expiration or any earlier termination of this Sublease. 34.4 Time of the Essence. Time is of the essence for each of the parties to perform its obligations under this Sublease. 34.5 Interpretation. The captions used in this Sublease are for convenience of reference only and shall not be construed to extend, limit or modify the scope or meaning of the respective paragraphs to which they relate. This Sublease shall not be construed more strictly against one party than against the other merely by virtue of the fact that this Sublease may have been physically prepared by one of the parties, or such party's counsel, it being agreed that all parties and their respective counsel have mutually participated in the negotiation and preparation of this Sublease. 34.5 No Record - Mier ULI Sublease nor any nv ice or rner ioraridurn 1►ereof shall' be recorded or otherwise filed, and any attempt by or on behalf of Subtenant to do so shall constitute a default under this Sublease and shall entitle Sublessor to exercise any and all remedies provided for herein, at law and /or in equity. 34.7 Counterparts. This Sublease may be executed in one or more counterparts, each of which shall be deemed an original, and it shall not be necessary in making proof of this Sublease to produce or account for more than one such counterpart, executed by all of the parties hereto. 34.8 Modifications; Waivers; Remedies Cumulative. No amendment, modification, waiver or discharge of this Sublease, or any provision hereof (including, without limitation, this sentence) shall be valid or effective unless in writing and signed by the party against whom enforcement of such amendment, modification, waiver or discharge is sought and then only to the extent set forth in such writing. No delay or omission of any party in exercising any right, power or remedy accruing under or pursuant to this Sublease, at law, in equity, or otherwise, shall exhaust or impair any right, power or remedy of any party or shall be construed to waive any such right, power or remedy. Every right, power and remedy of the parties under this Sublease may be exercised from time to time and as often as may be deemed expedient by any party in its sole discretion. No right, power or remedy conferred upon or reserved to the parties is exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy given under this Sublease or under any other instrument executed in connection herewith, or now or hereafter existing at law, in equity, or otherwise. No obligation of any party under this Sublease shall be deemed waived by any course or pattern of conduct by any party. 20