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

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) (o obligations shall continue in full force and effect; provided, however, that if the severed portion is a material term, this Lease shall terminate. . Section 6.13 Construction Status Conferences. Unless otherwise agreed by Lessee and Lessor in writing, commencing in February, 2007 and continuing thereafter until the Commencement Date, representatives of Lessor and Lessee shall meet at a place and time mutually agreeable to the parties on a frequency of not less than once per month for 'the .purposes of (i) reviewing and discussing the status of construction and completion of the Building and the upfit and finishing of the Premises in accordance with the Building Plans and Specifications and the Premises Upfit Plans• and. Specifications, (ii) approving, to the extent necessary, any amendments, modifications, supplements and/or other changes to the Building Plans and Specifications and/or the Premises Upfit Plans and Specifications, and (iii) addressing any other issues pertaining to the Condominium and/or this Lease that either party may wish to address. Section 6.14 Option to Purchase. Provided that Lessee shall be in substantial compliance with all of its duties and obligations under this Lease, and subject to any and all termination rights contained in this Section or elsewhere in this Lease, Lessor hereby grants and conveys to Lessee an exclusive right and option to purchase and acquire the condominium units to be located on the second and third floors of the Building as provided in the Condominium Declaration (Unit 200 and Unit 300) subject to the following terms and conditions: (a) The purchase price for Unit 200 and Unit 300 (collectively the "Units") shall be $5,490,449.00, subject to adjustment as provided below. The purchase price for the Units shall be paid by Lessee to Lessor, in cash, at Closing (as hereinafter defined). (b) In the event any amendment, modification, supplement and/or other change in or to the Building Plans and Specifications and/or the Premises Upfit Plans and Specifications agreed upon by Lessor and Lessee shall result in any increase or decrease in the purchase price for the Units, such amendment, modification, supplement and/or other change, specifically including the amount of any change in the purchase price of the Units, shall be memorialized in a written document signed by each party and the above-stated purchase price for the Units shall be deemed amended as provided therein. Provided, however, upfit costs paid for by Lessee pursuant to Section 3.02(c) shall not be the basis for an increase in the purchase price of the Units. (c) At Closing, Lessor shall convey marketable, fee simple title to the Units (including all rights appurtenant to each of the Units as provided in the Condominium Declaration) by special warranty deed. Title to the Units shall be conveyed to Lessee free and clear of any and all liens and encumbrances with the exception of (i) the Plat and Plans, (ii) the Condominium Declaration, (iii) access and utility easements over and across the Property, including easements established by the Condominium Declaration, (iv) the provisions of any special use permit, conditional use permit and/or variance affecting the Property or any part thereof, (v) Town of Hillsborough and/or Orange County ad valorem taxes and/or assessments against each of the Units, if any, due for the calendar year in which the Closing occurs and thereafter, (vi) any Annual Assessment or Special Assessment due and owing to the Association with respect to each of the Units for the calendar year in which the Closing occurs and thereafter, and (vii) any other title exception or matter agreed to by Lessee in writing. Except to the limited extent otherwise expressly provided in this paragraph or in the special warranty deed; LESSOR SHALL CONVEY EACH OF THE UNITS TO LESSEE, AT CLOSING, IN "AS-IS" CONDITION WITHOUT WARRANTY OF ANY KIND OR NATURE, AND ALL SUCH WARRANTIES, INCLUDING, WITHOUT LB11TATION, ANY WARRANTY OF MERCHANTABILITY OR -14-