Resolution 2010-76 - Laserfiche WebLink

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its part to be observed or performed, other than as referred to in Section 6.05 or 12.01 (a), for a period of thirty (30) days after written notice, specifying such failure and requesting that it be remedied as given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected. If by reason of force majeure Lessee is unable in whole or in part to carry out its agreement on its part herein contained, other than the obligations on the part of Lessee contained in Article VI hereof, Lessee shall not be deemed in default during the continuance of such inability. The term "force majeure" as used herein shall mean, without limitation, the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or of the state wherein Lessee is located or any of their departments, agencies or officials, or any civil or military authority; insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods; explosions; breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of Lessee. Section 12.02. Remedies on Default. Whenever any event or default referred to in Section 12.01 hereof shall have happened and be continuing, the Lessor or its assigns shall have the right, at its or their option without any further demand or notice, to take one or any combination of the following remedial steps: (a) With or without terminating this Lease, retake possession of the Equipment and sell, lease or sublease (any sale or sublease must be commercially reasonable under Article 9- of the Uniform Commercial Code as adopted by the State of Colorado) the Equipment for the account of Lessee holding Lessee liable for the difference between (i) the rents and other amounts payable by Lessee hereunder to the end of the then current Renewal Term and (ii) the purchase price, rent or other amounts paid by a purchaser, lessee or sublessee of the Equipment pursuant to such sale, lease or sublease; and (b) Take whatever action at law or in equity may appear necessary or desirable to enforce its rights as the owner of the Equipment. Section 12.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any. 'default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Article XII it shall not be necessary to give any notice, other than such notice as may be required in this Article XII. ARTICLE XIII MISCELLANEOUS Section 13.01. Tax and Renewable Energy Credit. Lessor shall have and be solely responsible for obtaining any federal tax incentive grant associated with installation and commissioning of the Equipment, which grant Lessor anticipates being approximately $399,000. Lessor shall also have Lessee's interest in any Xcel Energy Solar Rewards rebate associated with installation and commissioning of the 10