Reso 2010-1658 - Laserfiche WebLink

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herein and all other charges required to be paid by Tenant, less the net avails of re-letting, if any, and the same shall be due and payable by Tenant to Landlord on the several rent days above specified, that is to say, upon each of such rent days Tenant shall pay to Landlord the amount of the deficiency then existing. The terms "enter", "re-enter", "entry" or "re-entry" are used in this Lease in their broadest sense and are not restricted to their technical legal meaning. Any entry or re-entry by Landlord shall not be deemed to absolve or discharge Tenant from liability hereunder. Section 3. No Waiver. The failure of Landlord to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed to be a waiver of any rights or remedies that Landlord may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained except as may be expressly waived in writing. Section 4. Default by Landlord. The following shall be deemed a default by Landlord: (a) Landlord fails to keep, perform, or observe any of the covenants, agreements, terms, or provisions in this Lease that are to be kept or performed by Landlord, and Landlord shall fail to cure such failure within thirty (30) days after delivery by Tenant to Owner of written notice specifying failure; or (b) Any representation or warranty made by Landlord under the Lease shall be materially false, misleading or inaccurate as of the date made. Section 5. Tenant's Remedies. If the Landlord defaults, Tenant may exercise any other right or remedy available to Tenant under applicable law, except as expressly limited by the terms of this Lease. ARTICLE XVIII Leasehold Mortgage Section 1. Tenant's Right to Finance. Tenant, and any successor or assign of Tenant, may not, without Landlord's consent, pledge, mortgage or encumber the Leasehold Estate demised hereunder. Any Leasehold Mortgage shall by its terms be made expressly subject to all of Landlord's rights under the provisions, covenants, conditions, exceptions and reservations herein contained, and to Landlord's interest in the Improvements at the expiration of the Term or the earlier termination of this Lease. Landlord shall not be bound to recognize any Leasehold Mortgagee or to give any Leasehold Mortgagee the notices, rights and protections contemplated under this Lease unless such Leasehold Mortgagee or Tenant shall have notified Landlord of the existence of such Leasehold Mortgage and of the name and United States address of such Leasehold Mortgagee. Tenant shall provide to Landlord the name and mailing address of the lender or leasehold mortgagee together wit true copies of the loan documents, including, as applicable, deed of trust, mortgages, security agreements, and promissory notes, within ten (10) days after execution by Tenant. 27 U:\City Attorney\HANS\20 I 0 Docull1ents\41l1 Investors\GROUND LEASE WORKING DRAFT 11.16.1 O.doc