Reso 2013-2162 - Laserfiche WebLink

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the cost of such audit, which shall be paid by Subtenant within ten (10) days after Subtenant's receipt of the applicable invoice; in the event Subtenant fails to pay such discrepancy and costs, Sublessor or Landlord may terminate this Sublease as set forth below and /or shall have such other rights and remedies as may be provided herein or at law arising by virtue of Subtenant's failure to pay Percentage Rent. In addition to the foregoing, and in addition to all other remedies available to Sublessor and Landlord, in the event Sublessor or Sublessor's auditor, or Landlord or Landlord's auditors, shall schedule a date for an audit of Subtenant's records in accordance with this Section, and Subtenant shall fail to be available or shall otherwise fail to comply with the requirements for such audit, Subtenant shall pay all costs and expenses associated with the scheduled audit. 5.2 In addition to all other remedies available to Sublessor, in the event that any such audit shall disclose that Subtenant's records and other documents as referred to in this Section 5 and such other materials provided by Subtenant to Sublessor or Landlord's auditor are inadequate, in the opinion of Sublessor or Sublessor's auditor, or Landlord or Landlord's auditor, to accurately disclose Subtenant's Gross Sales, then Sublessor or Landlord, as the case may be, shall be entitled to collect as additional rent from Subtenant an amount equal to percentage rent due for such understatement together with interest at eighteen percent (18 %) per annum and the cost of such audit and attorney fees. Sublessor or Landlord's exercise of the foregoing remedy shall in no way limit or otherwise affect Sublessor or Landlord's ability to exercise other remedies available to it, nor shall Subtenant's obligations pursuant to the terms, covenants and conditions of this Sublease (including, without limitation, Subtenant's obligation with respect to reporting Gross Sales and payment of Percentage Rent ) be in any manner reduced or diminished by the exercise of such remedy. In the event that Subtenant shall, following the exercise of such remedy, provide to Sublessor all records and documentation as required to be provided pursuant to the terms of this Sublease so as to permit Sublessor's auditor to accurately establish Subtenant's Gross Sales for the period in question, then Subtenant shall be permitted a credit with respect to any amount of additional rent collected by Sublessor from Subtenant pursuant to this paragraph, with such credit to be applied first against the installment of percentage rent due from Subtenant for the period in question, with any remaining credit to be applied against the next installment of Percentage Rent payable by Subtenant. Neither the provisions of this Section 5.2 nor any other provisions in this Sublease shall restrict Sublessor's rights to discovery in any litigation or arbitration proceeding. 6. Parking. Subtenant shall be entitled to use during the Term of this Sublease, five (5) dedicated parking spaces in the public parking area at Gateway Park (151 Sunny Isles Blvd.) or the public parking area adjacent to the Walgreens store located on 1751h Street and Collins Avenue or any other location approved by the City, subject to all of the terms and conditions upon which such spaces are made available. The customers of the Subtenant may use public parking spaces in the same manner as the general public. 7. Compliance With Prime Lease. 7.1 Prime Lease. Subtenant acknowledges that Sublessor is the Tenant under the Prime Lease, a copy of which is attached to this Sublease as Exhibit "B ", and Subtenant agrees to observe, perform, and be bound by the duties and obligations of the Tenant under the Prime Lease. The 5