Reso 2024-3761 - Laserfiche WebLink

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EXECUTION COPY 24.8. To the fullest extent permitted by applicable Florida law, Tenant hereby absolutely, unconditionally and irrevocably waives the following: 24.8.1. Any right LESSEE may have to interpose or assert any claim or counterclaim in any action or proceeding brought by LESSOR under this Lease other than a compulsory counter -claim that would be barred from assertion altogether if not asserted in the proceedings brought by LESSOR. If LESSEE violates this Subsection, LESSOR and LESSEE stipulate that any such claim or counterclaim shall be severed and tried separately from the action or proceeding brought by LESSOR pursuant to applicable rules of procedure and laws. This subsection shall in no way impair the right of LESSEE to commence a separate action against LESSOR for any violation by LESSOR of the provisions of this Lease or to which LESSEE has not waived any claim pursuant to the provisions of this Lease so long as notice is first given to LESSOR, and a reasonable opportunity is granted to LESSOR to correct such violation. In no event shall LESSOR be responsible for any consequential damages incurred by LESSEE, including lost profits or interruption of business, as a result of any default by LESSOR. LESSEE shall in all events comply with the provisions of Section 83.232, Florida Statutes, with respect to any action or proceeding brought by LESSOR under this Lease; 24.8.2. Any and all rights of redemption of the Leased Premises or any goods therein granted by or under any present or future laws in the event LESSEE is evicted or dispossessed of the same in accordance with this Lease or LESSOR obtains possession of the same in accordance with this Lease; 24.8.3. The benefit of all laws now existing or hereafter in effect, exempting any goods on the Leased Premises owned by LESSEE from distraint, levy, or sale in any legal proceedings taken by LESSOR in accordance with applicable laws to enforce any rights or remedies under this Lease; 24.8.4. The benefit of all laws existing now or hereafter in effect regarding any limitation as to the goods upon which, or the time within which, distress is to be made after removal of goods of LESSEE from the Leased Premises, and LESSEE further relieves LESSOR of the obligation of proving or identifying the goods distrained, it being the purpose and intent of this provision that all goods of LESSEE upon the Leased Premises shall be liable to distress for rent at any time after LESSEE's default beyond the applicable cure period under this Lease; 24.8.5. All rights relating to the landlord/tenant relationship under any law, ordinance, or statute, to the extent that such law, ordinance or statute might limit the time period respecting LESSOR's right to cause the distrained goods to be sold. LESSEE hereby specifically and knowingly authorizes LESSOR to sell any goods distrained for rent at a public auction sale to be held at any time at least fifteen (15) days after the distraint without appraisement and condemnation of the goods, but upon ten (10) days' notice to LESSEE of the date, place and terms of sale, including LESSOR's right to purchase all or any of the property; and 24.8.6. The requirement under Section 83.12, Florida Statutes (or any successor statute) that LESSOR in the distress for rent action file a bond payable to LESSEE in at least double the sum demanded by LESSOR. In the case of the distress for rent action under this Lease, no bond whatsoever will be required of LESSOR. 24.9. LESSEE further agrees that LESSOR may obtain an order for summary LEASE AGREEMENT - CREMA DOWNTOWN CORP. Page 22 of 36