Reso 2011-1749 - Laserfiche WebLink

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therefore, and repossess and enjoy said premises together with all additions, alterations, and improvements, without such reentry and repossession working a forfeiture of the rents to be paid and the covenants to be performed by Tenant during the full Term hereof. Section 3. No Waiver and No Estoppel. 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 or an estoppel 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 Landlord 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, with Landlord's written consent, pledge, mortgage or encumber the Leasehold Estate demised hereunder (a "Leasehold Mortgage"). 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 mortgagee of the Leasehold Estate ("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 in writing of the existence of such Leasehold Mortgage and of the name and United States address of such Leasehold Mortgagee, but under no circumstances shall the Landlord be under any obligation to mortgage its fee simple ownership interest. Tenant shall provide to Landlord the name and mailing address of the lender or leasehold mortgagee together with 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, and any other documents requested by Landlord within ten (10) days of its written request. 25 ~\e