Laserfiche WebLink
title to, the. Property to be transferred to Lessee and ii) the release <br />of all liens, encumbrances or security interests on the Property <br />created pursuant to Corporation's rights under this Lease. <br />SECTION 31. Extraordinar Costs. In the case of litigation, the <br />prevailing party shall be entitled to recover from the opposing <br />all costs and expenses, including attorneys, fees Party <br />allocable cost of in-house counsel)r (which may be the <br />, incurred by the prevailing party <br />in exercising any of its rights or remedies hereunder or enforcing any <br />of the terms, conditions or provisions hereof. <br />SECTION 32. Severabilit . If any provision of this Lease shall <br />be held invalid or unenforceable by a court of competent jurisdiction, <br />such holdings shall not invalidate or render unenforceable any other <br />provision of this Lease, unless elimination of such provision <br />materially alters the rights and obligations embodied in this Lease. <br />SECTION 33. Entire-Acrreement. This Lease, the Schedule, and any <br />agreements that specifically refer to this Lease that are duly executed <br />by authorized agents of the parties hereto constitute the entire <br />agreement between Corporation and Lessee, and it shall not .be further <br />amended, altered, or changed except by a written agreement that is <br />properly authorized and executed by the parties hereto. <br />SECTION 34. Notices. Service of all notices under this Lease <br />shall be sufficient if given personally or mailed to the party involved <br />at its respective address hereinafter set forth or at such address as <br />such party may provide in writing from time to time. Any such notice <br />mailed to such address shall be effective when deposited in the United <br />States mail, duly addressed and with postage prepaid. <br />SECTION 35. Reports/Tax Covenants. Lessee shall cooperate with <br />Corporation to comply with any and all reporting requirements that may <br />be mandated by agencies of the United States of America or the State of <br />California, including the timely filing of IRS Form #8038-G or #8038- <br />GC. Lessee covenants that it will not sublease the Property or assign <br />this Lease in a manner that may result in the loss of federal tax <br />exemption on the interest income portion of each Rental Payment. <br />SECTION 36. Titles. The titles to the Sections of this Lease <br />are solely for the convenience of the parties and are not an aid in the <br />interpretation thereof. <br />SECTION 37. Desi nation. Contemporaneous herewith Lessee shall <br />execute a "Designation of Qualification" in the form attached hereto <br />designating this Lease as a qualified tax-exempt obligation pursuant to <br />Section 265(b) of the Internal Revenue Code of 1986 (as amended). <br />SECTION 38. Time. Time is of the essence in this Lease and each <br />and all of its provisions. <br />10 <br />