Reso 2013-2139 - Laserfiche WebLink

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additions or improvements requested to be performed by Subtenant and until such amounts are paid in full, Sublessor shall have no obligation to consider or act upon Subtenant's request to make such alterations, additions or improvements. 18. Liens. Sublessor hereby notifies all mechanics, materialmen and other lienors that pursuant to Florida Statutes §713.10, any liens under Florida Statutes Chapter 713 shall extend to, and only to, the right, title and interest of the person who contracts for the improvement in question and that neither the interest of Sublessor, Landlord nor any superior interest in the Sublease Premises, Building or Project shall be subject to liens for any improvements, services or materials made by, contracted for or otherwise authorized by Subtenant or by any employee, contractor or agent of subtenant, and that Subtenant has no power, authority or permission to create any such lien. Subtenant agrees that prior to contracting for or otherwise authorizing any improvements, services or materials to be made in or delivered to the Sublease Premises, Subtenant shall notify the applicable contractor of the foregoing provisions. Subtenant further agrees that upon request of Sublessor, Subtenant shall execute a notice which sets forth the foregoing provisions, which notice may be recorded by Sublessor or Landlord in the public records of the county where the Project is located. Notwithstanding these provisions, Subtenant, at its expense, shall cause any lien filed against the Sublease Premises, the Building or the Project for work or materials claimed to have been furnished to Subtenant to be discharged of record or properly transferred to a bond under §713.24, Florida Statutes, within ten days after notice to Subtenant. Further, Subtenant agrees to indemnify, defend, and save Sublessor harmless from and against any damage or loss, including reasonable attorneys' fees, incurred by Sublessor as a result of any liens or other claims arising out of or related to work performed in the Sublease Premises by or on behalf of Subtenant. 19. Assignment and Subletting. Subtenant shall not mortgage, encumber, transfer, or assign this Sublease in whole or in part, or further sublet or permit occupancy of the Sublease Premises, or any part thereof or interest therein or enter into any other arrangement which does or may require the consent of the Landlord, including any of the foregoing effected by operation of law (each a "Transfer"), without the prior written consent of Sublessor and Landlord, which consent of Sublessor shall not be unreasonably withheld. Sublessor's withholding of such consent shall be deemed reasonable if Landlord does not consent for any reason. The sale or other transfer of any partnership interest in or any capital stock of, or the issuance of any additional partnership interest in or any capital stock of, Subtenant or any partner in Subtenant or any entity directly or indirectly owning or controlling Subtenant or any partner in Subtenant shall be deemed a Transfer which requires Sublessor's prior written consent, except with respect to capital stock which is publicly traded. No Transfer shall relieve Subtenant from any of its obligations under this Sublease. Notwithstanding anything to the contrary contained herein, Sublessor shall have the option, exercisable by notice to Subtenant, to recapture all of the Sublease Premises, or at the option of Sublessor, the portion of the Premises subject to the proposed Transfer in the event that less than all of the Premises is subject to the proposed Transfer. Such recapture notice shall cancel and terminate this Sublease with respect to the space being recaptured as of effective date of the proposed Transfer. If this Sublease shall be canceled with respect to less than all of the Sublease Premises, then the Base Rent and the Additional Rent shall be prorated on the basis of the number of net rentable square feet retained by Subtenant in proportion to the number of net rentable 12