Resolution 2023-10 - Laserfiche WebLink

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appointed for all or substantially all of the property of either Party, and such proceeding is not dismissed, or such receivership or trusteeship vacated within sixty (60) days after such institution or appointment. 8.2 Remedies. Upon the occurrence of any uncured Default, the non -Defaulting Party may thereafter terminate this Agreement immediately upon written Notice to the other Party without prejudice to any other remedies the non -Defaulting Party may have at law or in equity. 8.3 Termination. Tenant shall have the right to terminate this Agreement without further liability upon thirty (30) days prior written Notice to Landlord due to any one or more of the following: (i) changes in Applicable Law which prohibit or adversely affect Tenant's ability to operate Tenant's Equipment at the Premises; (ii) Tenant, in its sole discretion, determines that Tenant's Permitted Use of the Premises is obsolete or unnecessary; (iii) Landlord or a third party installs any structure, equipment, or other item which blocks, hinders, limits, or prevents Tenant from being able to use the Tenant Equipment for Tenant's Permitted Use. A non - Defaulting Party shall have the right to terminate this Agreement for a Default by the Defaulting Party subject to and in accordance with Section 8.1. 8.4. Redevelopment of Structure and/or Property. If at any time following commencement of the second (2nd) Renewal Term granted hereinabove the Landlord desires to redevelop or renovate the Structure and/or the Property in a manner that Landlord reasonably anticipates would impact Tenant's use and enjoyment of the Premises ("Redevelopment"), Tenant agrees to reasonably cooperate with Landlord in connection with such proposed Redevelopment, subject to the following terms and conditions: a. Landlord shall notify Tenant in writing at least twenty-four (24) months prior to the commencement of the proposed Redevelopment. Landlord's notice shall include construction drawings (with elevation renderings) depicting the proposed rooftop space and a detailed description of the proposed Redevelopment and its potential impact on the Premises and Tenant's use thereof. If it will be necessary to temporarily and/or permanently relocate Tenant's Premises or any portion of Tenant's Equipment and improvements during and/orfollowing Redevelopment, then Landlord's plans will identify proposed temporary and/or permanent locations for Tenant's Premises or the portion of Tenant's Equipment and improvements impacted by the Redevelopment. b. Upon receipt of such notice, Tenant may elect not to participate in the Redevelopment process and, in such event, Tenant shall provide written notice of its intent to terminate within ninety (90) days after receipt of Landlord's notice and this Agreement will automatically terminate twenty-four (24) months after receipt of Landlord's notice or such earlier date as Tenant may designate at any time during the twenty-four (24) month period by providing written notice to Landlord. C. In the event that Tenant elects to participate in the Redevelopment process, the Parties shall diligently work together in good faith to finalize the temporary and/or permanent location(s) for Tenant's Premises during and/or following completion of the Redevelopment. It is understood and agreed that the temporary and permanent locations for Tenant's Premises must allow Tenant to provide substantially the same coverage and quality of service as the original location of the Premises, as determined by Tenant in its sole and absolute discretion. The Parties shall further establish a mutually acceptable timeline with estimated dates (to the extent applicable) for the temporary relocation of Tenant's Premises, completion of the Redevelopment and the permanent relocation of Tenant's Premises. d. Tenant shall pay in connection with the relocation activities contemplated by this Section 8.4. Under no circumstances will Landlord or anyone acting on its behalf attempt to move, relocate or remove any of Tenant's Equipment and improvements. Landlord will use its best efforts to avoid interference with Site Number: DNDEN00260D 7 Confidential & Proprietary Market: Denver Option Version: 1.0 ctic