Laserfiche WebLink
for any failure or Lessee to perform and comply with any of Lessees obligations to such sublessee Lessee hereby irrevocably <br />authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance <br />of Lessee's obligations under this Lease, to pay to Lessor all Rent due and to become due under the sublease. Sublessee shall rely upon <br />any such notice from Lessor anc!4-all pay all Rents to Lessor without any obligation or right to me cliremin whether such Breach exist;.. <br />notwithstanding any claim from Lessee to the comrary, <br />(b) In the even; of a Breach by Lessee Lessor may. at its option, ratan% sublessee to @horn to Lessor, in which <br />event Lessor ihall undertake the obligations of die sublessor under such Sublease from the time of the exercise of said option to the <br />expiration of such sublease: provided. however. Lessor shall not be liable ror any prepaid ants or security deposit paid by such suhlessee <br />to such suhlcssor or for any prior Defaults or Breaches of such sublessor. <br />tel Any mailer requiring the consent ol'the sublessor unlcr a suhlcaac shall also require the consent of Lessor. <br />I,.!, No net ,'ce shel' I ;her assn r or all or any pa.t of the Pr tugs eoiJhul Lessors 1 riot v;ritt,r. <br />13. Default; Breach; Remedies, <br />13.1 Default, Breach. A "Default" is delined as a (allure by the Lessee to comply with or perform any of the terms, <br />covenants, conditions or Rules and Regulations under this Lease. A "Breach" is delined as the OCCUrrence of one or more of the <br />l allowing Defaults, and the failure of Lessee to cure such Default within any applicable grace period: <br />(a) The vacating or abandonment of the Premises. Lessee shall be deemed to hevu vacated the Premises if Lessen <br />ceases to continuously operate its business in the Premises for a period ors consceutive days. <br />(b) The failure of Lessee to make any payment of Rent or any Security Deposit required to be made by Lessee <br />hereunder, whether to Lessor or to a third party, when due, to provide reasonable evidence of insurance or surety bond, or to lulllll any <br />obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of 5 days following <br />written notice to Lessee. THE ACCEPTANCE BY LESSOR OF A PARTIAL PAYMENT OF RENT OR SECURITY DEPOSIT <br />SHALL NOT CONSTITUTE A WAIVER OF ANY OF LESSOR'S RIGHTS, INCLUDING LESSOR'S RIGHT TO RECOVER <br />POSSESSION OF THE PREMISES, <br />(c) The failure of Lessee to allow Lessor and/or its agents access to the Premises or the commission of waste, <br />act or acts constituting public or private nuisance, and/or an illegal activity on the Premises by Lessee, where such actions continue I'or <br />a period of 5 days following written notice to Lessee. <br />(d) The failure by Lessee to provide (i) reasonable written evidence of compliance with Applicable <br />Requirements, (ii) the service contracts, (iii) the rescission of an unauthorized assignment or subletting, (Iv) an Estoppel Certificate <br />or financial statements, (v) a requested subordination, (vi) evidence concerning any guaranty and/or Guarantor, (vii) any document <br />requested under Paragraph 40, (viii) material data sarety sheets (MSDS), or (ix) any other clocumentation or information which Lessor <br />may reasonably require of Lessee under the terms or this Lease, where any such failure continues for a period of 10 clays following <br />written notice to Lessee. <br />(e) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules <br />adopted under Paragraph 2,9 hereof, other than those described in subparagraphs 13.1(1), (b), (c) or (d), above, where such Default <br />continues for a period of 30 days after written notice; provided, however, that if the nature of Lessee's Default is such that more than 30 <br />days are reasonably required for its cure, then it shall not be deemed to be a Breach if Lessee commences such cure within said 30 day <br />period and thereafter diligently prosecutes such cure to completion. <br />In The occurrence of any of the following events: (i) the making of any general arrangement or assignment for <br />the benefit or creditors; (ii) becoming a "debtor" as defined in I I US.C. § 101 or any successor statute thereto (unless, in the case of a <br />petition filed against Lessee, the same is dismissed within 60 days); (iii) the appointment of a trustee or receiver to take possession of <br />substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee <br />within 30 days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises <br />or or Lessee's interest in this Lease, where such seizure is net discharged within 30 days; provided, however, in the event that any <br />provision of this subparagraph is contrary to any applicable law, such provision shall be of no force or effect, and not ar'fect the validity <br />of the remaining provisions. <br />(g) The discovery that any financial statement or Lessee or of any Guarantor given to Lessor was materially <br />False. ` <br />(h) If the performance of Lessee's obligations under this Lease is guaranteed: (i) the death of a Guarantor, (ii) <br />the termination or attempted termination of a Guarantor's liability with respect to this Lease other than in accordance with the express <br />terms of such guaranty, (iii) a Guarantor's becoming insolvent or the subject of a bankruptcy riling, (Iv) a Guarantor's refusal to honor <br />the guaranty, or (v) a Guarantor's breach of its guaranty obligation on an anticipatory basis, and Lessee's failure, within 30 days following <br />written notice of any such event, to provide written alternative assurance or security, which, when coupled with the then existing <br />resources of Lessee, equals cr exceeds thecombined financial resources or Lessee and the Guarantors that existed at the time ofexecution <br />ofthis Lease. <br />15 <br />