Agenda - 02-20-2007-5j - Laserfiche WebLink

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?4 Lessee. Lessee's obligation to pay Rent shall survive and continue notwithstanding termination by reason of any event of default by Lessee and Lessor may recover any and all such Rent from Lessee. Except as otherwise provided in paragraphs 3.02(a), (c), (d) and (e), before any event.of default shall become effective so as to give Lessor the rights enumerated in (a), (b) or (c) hereinabove, as well as the right of termination, Lessor shall give Lessee thirty (30) days prior written notice of default (which notice shall state the event of default with specificity) so as to give the Lessee an opportunity to cure. Notwithstanding any provision contained in this section or elsewhere in this Lease to the contrary, in the event Lessor shall re-take possession of the Premises and/or terminate this Lease prior to the expiration of the term hereof as a consequence of any uncured default by Lessee under this Lease, Lessor shall make a good faith effort to re-let the Premises in mitigation of its damages as provided by law. Upon the occurrence of any material event of default by Lessor, if such event of default is not cured by Lessor within thirty (30) days after the date of Lessee's delivery to Lessor of written notice of default and demand for cure (which notice shall describe the nature of the event default with specificity), Lessee shall thereafter have the right to terminate this Lease without further liability to Lessor in addition to any other right afforded Lessee by law. Section 5.03 Abandonment. In the event Lessee shall not have paid any installment of Monthly Rent, any Annual Operating Expense Adjustment or any Additional Rent within thirty (30) days after its due date, and Lessee or its agents shall not have been present on the Premises and conducting business during that period of time, it shall be conclusively presumed (and Lessee so agrees) that Lessee has abandoned the Premises, whether or not Lessee has left behind any properly belonging to it. In such event, Lessor may take possession of the Premises and its contents without process of law and without liability to Lessee for damages, trespass, unlawful entry or the like. Lessor may, at its option, declare this Lease terminated. The rights conferred upon Lessor hereunder shall be in addition to and not exclusive of all other rights and remedies provided in this Lease and by law. ARTICLE VI - MISCELLANEOUS Section 6.01 Brokers' Commissions. The parties acknowledge and agree that there is no commission, fee or other payment due any real estate salesperson, broker, firm or other person as a consequence of the execution of this Lease by the parties hereto. Section 6.02 Parties. The terms, conditions and covenants contained in this Lease shall bind and inure to the benefit of each of the parties and their respective heirs, successors, assigns, executors, administrators and other legal representatives. Section 6.03 Notice. All notices and statements required or permitted by this Lease to be given to the parties or to either of them shall be deemed sufficiently given and delivered when made in writing and personally delivered to the parties or delivered by next day courier service (i.e. FedEx, UPS, etc.), or delivered by the United States Postal Service via certified mail, return receipt requested, postage prepaid and addressed to the appropriate party(ies) at the following address(es): If to Lessor: Telesis Construction Management, LLC 1000 Corporate Drive, Suite 109 Hillsborough, NC 27278 Attention: George A. Horton, III -12-