Reso 2005-787 - Laserfiche WebLink

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default, wherher or not known to Landlord, shall not be deemed a W3l\'er of any such def;1Ult, except only a default in the payment of the Rent so accepted but only to the extent of the portion of the Rent actually received by Landlord. To the extent permined by law, no waiver of any breach shall affect or alter this Lease, which shalJ continue in full force and effect with respect to any other then existing or subsequent breach. 21. Interest on Past-Due Obli2ations. Except as expressly provided herein, any amount due to Landlord which is not paid when due shall bear interest at the rate announced from time to time by Chase Manhattan Bank, N.A., or its successors or assigns as its prime rate plus two percentage points (the "Default Interest Rate"), but in no event greater than the maximum amount permitted to be contracted for under applicable law The: parties hereby agree that such a Default Interest Rate represents a fair and reasonable estimate of the costs undJord wj]] incur by reason of late payment by Tenant. Payment of such interest by Tenant and acceptance thereof by Landlord shall not ex.cuse or cure or constitute a waiver of any default by Tenant under this Lease, nor prevent Landlord from exercising any other rights and remedies granted hereunder. 22 fIoldine Over. Tenant shall pay Landlord for each day Tenant retains possession of the Premises or part thereof after termination hereof by lapse of time or otherwise the Rent prorated on a monthly basis. If Landlord gives notice to Tenant of Landlord's election thereof, such holding over shall constitute renewal of this Lease [or a period of time from month-to-month at Two Hundred Percent (200%) of the Base Rent, but if the Landlord does not so elect, acceptance by Landlord of rent after such termination shall not constitute a renewal. This provision shall not be deemed to waive Landlord's right of reentry or any other right hereunder or at Jaw. 23. Coyenant of Tille and Quiet Enjovment. A. Landlord represents and warrants that (i) it is the fee simple owner and record title holder of the Premises, subject to Regulations and Permitted Encumbrances (ii) Landlord has not received any written notice of any eminent domain or similar proceeding which would affect the Premises, (iii) Land!ord has the full right, power and authority to execute this Lease, (iv) except Regulations and Permitted Encumbrances, no restrictive covenant, easement, lease or other written agreement restricts, prohibits or otherwise affects Tenant's rights set forth in this Lease, including, wjthout limitation, parking rights, rights to signage, construction, or ingress and egress to and from the Premises, and (v) Tenant or any permitted assignee or sublessee of Tenant, upon the payment of the Rent and all other monies required to be paid hereunder and performance pf the covenants hereunder, may peaceably and quietly have, hold and enjoy the Premises during the Tenn. B. Additionally, Landlord shall take no action regarding the Premises that will interfere with Tenant's intended use of the Premises, parking, signage, or ingress or egress to the Premises. 24. Estoppel Certificate. Within ten (10) days following any written request which either pa.I1y may make from time to-time (the "Requesting Party"), the other party (the "Responding MLA9510/171248.1 23 -...,....-- - -..--- -r---r- S~B