Resolution 2010-22 - Laserfiche WebLink

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23.6 SURVIVAL. All of the terms and conditions of Sections 7.2 and 13.1 of this Lease, and all other terms and conditions of this Lease concerning release, indemnification, termination, remedies, and enforcement, shall survive termination of this Lease. 23.7 APPLICABLE LAW & VENUE. The parties hereto shall be bound by and this Lease shall be construed according to the laws of the State of Colorado. Venue for any litigation concerning this lease shall be in the District Courts of Boulder County, Colorado. 23.8 RECORDING. A memorandum of this Lease may be recorded by LANDLORD in the public records. The TENANT shall not record this lease or any memorandum hereof in the public records without the prior written consent of LANDLORD, which consent may be granted or withheld at LANDLORD's absolute discretion. 23.9 ATTORNEY'S FEES; COSTS OF ENFORCEMENT. In the event of any litigation between TENANT AND LANDLORD brought upon this Lease Agreement to enforce its terms, the prevailing party shall be entitled to its reasonable attorneys' fees and related court costs. In the event that LANDLORD shall retain an attorney for the purpose of protecting its interest in any bankruptcy, receivership, or insolvency proceeding against the TENANT, the LANDLORD shall be entitled to recover all reasonable costs and expenses incurred, including reasonable attorneys' and legal assistants' fees, and costs and expenses, including expert witness fees and expenses. 23.10 TRANSFER OF LANDLORD'S INTEREST. The term "LANDLORD" shall mean only the owner, for the time being, of the Premises, and in the event of the transfer by such owner of its interest in the Premises, then notwithstanding anything to the contrary contained herein, such owner shall thereupon automatically be released and discharged from all covenants and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall be binding during the term of this Lease upon each new owner for the duration of such owner's ownership. Notwithstanding the foregoing, any such owner shall remain obligated to TENANT for any and all deposits paid by TENANT hereunder until such time as said deposits are transferred to and accepted by any new owner and notice given to TENANT. 23.11 SUCCESSORS. All rights and liabilities herein given to or imposed upon the parties hereto shall inure to the benefit of and be binding upon their respective heirs, executors, administrators, successors and assigns and, except as may be otherwise set forth herein, if there shall be more than one TENANT, they shall all be bound jointly and severally by the terms, covenants and agreements herein. No rights, however, shall inure to the benefit of any assignee of TENANT unless such assignment has been approved by LANDLORD in writing as provided elsewhere in this Lease. 23.12 BROKERAGE. LANDLORD agrees that it shall be responsible for all broker's fees, commissions, and other costs for brokers engaged by LANDLORD in connection with this LEASE. 16