AG 2007 06 18 - Laserfiche WebLink

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Sublessor, or for any repairs or cost of re-letting or other action (including those taken in exercising Sublessor's rights under any provision of this Sublease) taken by Sublessor on account of such Subtenant default. However, in no event shall Sublessor be liable in any respect for failure to re-let the Premises or in the event of such re-letting, for failure to collect the rent there under. Any sums received by Sublessor on a re-letting in excess of the Rent reserved for this Sublease shall belong to the Sublessor; (v) cure such Subtenant default in any other manner (after giving Subtenant written notice of Sublessor's intention to do so except in the case of emergency), in which event Subtenant shall reimburse Sublessor for all expenses reasonably incurred by Sublessor in doing so, plus interest at the rate of twelve percent (12%) per annum, which expanses and interest shall be Additional Rent and shall be payable by Subtenant immediately on demand therefore by Sublessor; and/or (vi) pursue any'combination of such remedies and/or any other remedy available to Sublessor at law or in equity. Forbearance to enforce or waiver or compromise by Sublessor of any Subtenant default shall not be construed as a waiver of any subsequent Subtenant default. All remedies of Sublessor, shall be cumulative, and in addition, Sublessor may pursue any other remedies that may be permitted by law or in equity. No expiration or termination of this Sublease, no reentry or reletting of the Premises by Sublessor as set forth herein, shall relieve Subtenant of its liabilities and obligations hereunder, all of which shall survive such events. 23. Construction. Sublessor and Subtenant acknowledge that each of them and their respective counsel has had an opportunity to review this Sublease and it is the product of negotiation. In the event any provision of this Sublease is deemed to be ambiguous, it shall not be construed more strictly for or against either party, but rather shall be interpreted in accordance with its fair meaning. ' 24. Severabilitv. If any provision of this Sublease or the application thereof to any person or circumstance shall be deetned illegal, invalid or unenforceable, the remaining provisions of this Sublease, or the application of such provision to other persons or circumstances, shall not be affected thereby and each remaining provision of this Sublease shall be valid and enforceable to the fizllest extent permitted by law. 25. Time of the Essencef Except as otherwise expressly provided herein, time is of the essence with respect to all required acts of Subtenant and Sublessor under this Sublease. 26. Commissions. Sublessor and Subtenant warrant and represent that they have not dealt with any broker or sales persori in connection with this Sublease. Sublessor and Subtenant further represent they have not dealt with any other person that would create any liability for the payment of a commissiori by the other party. T'he party who breaches this warranty shall defend, hold hatmless and indemilify the non-breaching party from any claims or liability arising from the breach. ' ~~~