Reso 2013-2162 - Laserfiche WebLink

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SECTION 25. MISCELLANEOUS (a) Ham —dan The section and paragraph headings in this Lease are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or intent of any provision of this Lease. (b) Jurisdiction. This Lease shall be interpreted and construed in accordance with and governed by the laws of the State of Florida Disputes shall be resolved in the I Ph Judicial Circuit Court of Miami -Dade County or in the federal courts in the Southern District of Florida, whichever jurisdiction is appropriate. (c) Severance. In the event this Lease or a portion of this Lease is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective to the fullest extent permitted by law. (d) Relationship of Parties/indgeendent Contractor. It is the intent of the parties that the relationship of LESSOR and LESSEE under this Lease is the relationship of LESSOR and LESSEE. Nothing contained in this Lease shall create or be deemed or construed to create a partneaship, joint venture, joint enterprise or any other agency or other similar such relationship between the parties to this Lease. (e) T. hud Pia B..ueuciari s. l e .lrcr LESSEE nor LEI E S int —end to directtly or indirectly substantially benefit a third party by this Lease. Therefore, the parties agree that there are no third party beneficiaries to this Lease and that no third party shall be entitled to assert a claim against either of them based upon this Lease. (f) Force Majeure. Notwithstanding anything contained in this Lease to the contrary, neither LESSOR nor LESSEE shall be considered to be in default of this Lease if delays in or failure of performance shall be due to Force Majeure, the effect of which, by the exercise of reasonable diligence, the non - performing party could not avoid and in such event, the time for performance shall be extended by the period of such Force Majeure event(s). (g) Negotiated Lease. Both parties have substantially contributed to the negotiations which resulted in the preparation of this Lease, which shall not solely as a matter of judicial construction, be construed more severely against one of the parties than any other. The parties to this Lease acknowledge that they have thoroughly read this Lease, including all Exhibits and attachments to it, and have sought and received (or had the means, ability and ample opportunity to do so) whatever competent advice and counsel, legal or otherwise, which was necessary for them to form a full and complete understanding of all rights and obligations contained in this Lease. (h) Incorporation by Reference. The truth and accuracy of each "Recital' clause set forth above is acknowledged by the parties. (i) Estoppel Statement. The parties agree that from time to time, upon not less than fifteen (15) days prior request by a party to this Lease, the other party may deliver a statement in writing certifying: (a) that this Lease is unmodified and in full force and effect (or, if there have been modifications); (b) the dates to which the Rent and other charges have been paid; (c) that neither party is in default under any provisions of this Lease, or, if in default, the nature of such 22