Reso 2024-3761 - Laserfiche WebLink

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remedy. Until all of the Obligations have been performed and paid in full, Guarantor shall have no right of subrogation to Landlord and Guarantor hereby waives any rights to enforce any remedy which Landlord may have against Tenant. 7. Proceeds - Guarantor hereby authorizes Landlord, without notice to Guarantor, to apply all payments and credits received from Tenant or realized from any personal property of Tenant on the Premises in such manner and in such priority as Landlord in its sole judgment shall see fit to the Obligations which are the subject of this Guaranty. 8. Binding on Successors - Guarantor's obligations hereunder shall not be assigned or delegated but this Guaranty shall pass to and be fully binding upon any successors, heirs, assigns and/or trustees of Guarantor. 9. Waivers - Guarantor expressly waives and agrees not to assert or take advantage of. (a) the defense of the statute of limitations in any action hereunder or in any action for collection of the Obligations, (b) any defense that may arise by reason of the failure of Landlord to file or enforce a claim against Guarantor in bankruptcy or any other proceeding, (c) any defense based on the failure of Landlord to give notice of the creation, existence or incurring of any new obligations or on the action or non -action of any person or entity in connection with the Obligations, (d) any defense based on any duty on the part of Landlord to disclose to Guarantor any facts it may know or hereinafter acquire regarding Tenant, (e) any defense based on lack of diligence on the part of Landlord in the collection of any and all of the Obligations, (f) demand for payment, presentment, notice of protest or dishonor, notice of acceptance of this Guaranty, , (g) any defense arising from the extinguishment of the Obligations by an act of Landlord without the consent of Guarantor, (h) any defense arising from any release or compounding with any other guarantor without the consent of the Guarantor, and/or (i) any defense arising from Landlord's failure to commence an action against Tenant. 10. Choice of Law; Consent to Jurisdiction - Guarantor acknowledges and agrees that this Guaranty shall be governed by, and construed and interpreted in accordance with, the laws of the State Florida. The venue for any action relating to the construction, interpretation, or enforcement of this Lease shall be in the state courts of Miami -Dade County, Florida. Guarantor hereby consents to personal jurisdiction in the State of Florida for the enforcement of this Guaranty and hereby waives any and all claims of rights under the laws of the State of Florida or of the United States or of any other state or country, to object to jurisdiction within the State of Florida for the purpose of litigation to enforce this Guaranty. In the event such litigation is commenced, Guarantor agrees that service of process may be made and personal jurisdiction obtained over Guarantor by serving a copy of the summons and complaint upon Guarantor by a generally recognized courier service (ems., Federal Express, UPS or DHL) at the address set forth below Guarantor's signature or any other address notice of which is provided by Guarantor to Landlord. Nothing contained herein, however, shall prevent the Landlord from bringing any action or exercising any rights against Guarantor personally, or against any property of Guarantor, within any other county, state or country. The means of obtaining personal jurisdiction and perfecting service of process set forth above are not intended to be exclusive but are cumulative and in addition to all other means of obtaining personal jurisdiction and perfecting service of process now GUARANTY — IOANNIS SOTIROPOULOS Page 3 of 5