Resolution 2010-22 - Laserfiche WebLink

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in which event advance notice is not required but shall be given as soon as reasonably practicable), LANDLORD shall have the right to enter the Premises and to make such repairs at TENANT's expense, and upon completion thereof TENANT shall pay as additional rent LANDLORD'S reasonable costs for making such repairs upon presentation of the bill therefor. Such payment shall be due within thirty (30) days after TENANT's receipt of an invoice therefor. ARTICLE 6 — ACCEPTANCE & TENANT IMPROVEMENTS 6.1 LANDLORD'S WORK. LANDLORD shall deliver the Premises to TENANT upon commencement of the term of this Lease. LANDLORD, at its expense and in a reasonable period of time not to exceed sixty (60) days after the execution of this Lease, shall complete the repairs and other items listed in Exhibit B (the LANDLORD'S Work), attached hereto and incorporated herein by this reference. Except as provided in the immediately foregoing sentence, the taking of possession of the Premises shall be deemed an acceptance of the same by TENANT in its "AS IS" condition without representation or warranty or representation of any kind as to the condition thereof, and without any obligation of LANDLORD to modify or improve the Premises for TENANT. Notwithstanding the foregoing provisions of this Section 6.1, LANDLORD shall have until April 30, 2010, to complete its cost estimating for the LANDLORD'S Work and determine, in LANDLORD'S absolute discretion, whether to proceed with the LANDLORD'S Work. If LANDLORD determines not to proceed, LANDLORD may by written notice given from the City Manager to TENANT by 5:00 p.m. MST on April 30, 2010 terminate this Lease, in which case this Lease shall be of no further effect and the parties shall be released of all obligations hereunder. If LANDLORD does not provide such notice by such date and time, LANDLORD'S right of termination under this Section 6.1 shall be deemed expired, and LANDLORD shall proceed with LANDLORD'S Work. LANDLORD may by written notice given prior to April 30, 2010 waive its right of termination under this Section 6.1. 6.2 TENANTS IMPROVEMENTS. TENANT at its sole cost and expense shall be responsible for construction, alterations, replacements, additions, repairs, fixtures, and improvements to the Premises required for TENANT's use. All work affecting the exterior of the building, or the floor, parking lot, load -bearing walls or exterior lighting, shall be completed according to plans and specifications that are satisfactory to and approved by LANDLORD in advance of the commencement of such work. No such work shall be commenced unless and until final written plans and specifications have been submitted to and approved by LANDLORD, in LANDLORD's reasonable discretion. Any such plans and specifications shall include a site plan, elevations, and all other information required for issuance of a building permit, and shall be prepared and submitted to LANDLORD at least ten (10) days prior to the date of commencement of the work. LANDLORD shall have five (5) days from receipt thereof to disapprove of such plans and specifications. All work shall be completed in compliance with all codes, ordinances, rules and regulations of any authority, in a good and workmanlike manner by licensed contractors with appropriate building permits. TENANT shall indemnify and hold harmless LANDLORD from all expense, liens, claims or damages to either persons or property arising out of or resulting from any such construction and TENANT agrees that all contractors performing work on the Premises shall maintain commercial liability insurance of at least Two Million and No/100 Dollars ($2,000,000.00). All entries on the Premises and all work done by or on behalf of the TENANT shall be at TENANT's sole risk. Nothing herein shall be construed to 5