Resolution 2010-22 - Laserfiche WebLink

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(b) Declare this Lease to be terminated, and reenter upon and take possession of the Premises without notice to TENANT, whereupon the term hereby granted and all right, title, and interest of TENANT in the Premises shall terminate. Such termination shall be without prejudice to LANDLORD's right to collect from TENANT any rent or other charges or sums that have accrued prior to such termination, together with all damages suffered by LANDLORD because of TENANT's breach of any covenant contained in this Lease. (c) Exercise any and all rights, remedies, and privileges that LANDLORD may have under applicable law or in equity, or under this Lease. 10.3 DEFAULT OF LANDLORD. Except as otherwise provided in this Lease, LANDLORD shall be in default under this Lease if LANDLORD fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) days after written notice from TENANT to LANDLORD (unless such failure cannot reasonably be cured within thirty (30) days and in that event LANDLORD shall commence to cure said failure within the thirty (30) day period and thereafter diligently continue to cure the failure). TENANT shall have no right to setoff against rent any amounts claimed by the way of damages, recoupment, or counterclaim for any damages that TENANT may have sustained by reason of LANDLORD's failure to perform any of the terms, covenants or conditions contained in this Lease. ARTICLE 11 - ACCESS BY LANDLORD LANDLORD or LANDLORD'S agents shall have the right to enter the Premises upon reasonable notice to examine and inspect the same, to show the Premises to prospective purchasers, to determine compliance with the terms of this Lease, or to conduct such other inspections and activities of LANDLORD which do not unreasonably interfere with TENANT's use and enjoyment of the Premises. Nothing herein contained shall be deemed or construed to impose upon LANDLORD any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the Premises, nor any part thereof or any improvements, fixtures or property located thereon, except as otherwise specifically provided herein. ARTICLE 12 - TENANT'S PROPERTY Except as provided herein, LANDLORD shall not be liable for any loss or damage to property of TENANT or of others located on the Premises, by theft or otherwise. LANDLORD shall not be liable for any claims arising from damage to property located in or on the Premises resulting from fire, explosion, gas or electrical malfunction, water damage or leakage; nor shall LANDLORD be liable for any damages caused by other persons in the Premises, or by public or quasi -public work on adjacent property, unless such damage is caused by the act or failure to act of LANDLORD. It is acknowledged and understood by TENANT that the safety and security of any property of TENANT is the sole responsibility and risk of TENANT. ARTICLE 13 — SURRENDER OF PREMISES; HOLDING OVER 10