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

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I Section 2.07 Subletting, Assignment Prohibited. (a) Subletting. Lessee shall not sublease the Premises, or any part thereof, to any third party or parties without Lessor's prior written approval, which approval shall not be unreasonably withheld or delayed. Any sublease approved by Lessor shall be subject to all of the terms, conditions and covenants set forth in this Lease and in the Regulations, and any such sublease, to be effective, must so provide. Furthermore, any such sublease, to be effective, must irrevocably appoint Lessee as sublessee's sole and exclusive agent for the purposes of receiving any'notices from Lessor or entering into any agreement or transaction with Lessor concerning the Premises. Lessee shall remain primarily liable for the performance of this Lease notwithstanding any sublease. (b) Assignment. Lessee shall not assign or attempt to assign this Lease. Any attempt by Lessee to assign this Lease shall be voidable at Lessor's option. ARTICZE III - UNDERTAKINGS Section 3.01 Undertaldngs Of Lessor. (a) Completion of Building and Premises Up fit. Lessor shall make a reasonable effort to substantially complete the Building in accordance with the Building Plans and Specifications and all applicable municipal approvals and to substantially complete the Premises Upfit in accordance with the Premises Upfit Plans and Specifications and all applicable municipal approvals not later than November 30, 2007No amendment and/or modification of or to the Building Plans and Specifications which shall materially alter or change the size or layout of the Premises or the means of access to the Premises shall be made by Lessor at any time subsequent to the Effective Date without Lessee's prior written consent. No material amendment and/or modification of or to the Premises Upfit Plans and Specifications shall be made by Lessor at any time subsequent to the Effective Date without Lessee's prior written consent. Lessor shall perform and complete, or shall contract for the performance and completion of all such construction, up-fit and finishing by such contractor(s) and/or subcontractor(s) as Lessor shall select in its sole discretion. The construction of the Building in accordance with the Building Plans and Specifications shall be performed and completed at Lessor's sole cost and expense. Subject to the provisions of paragraph 3.02(c), the upfit, improvement and finishing of the Premises in accordance with the Premises Upfit Plans and Specifications shall be performed and completed at Lessor's sole cost and expense. (b) Parkin . During the term of this Lease prior to the date of Lessor's-opening of a parking deck for public use on property now owned or hereafter acquired by Lessor adjacent to the Property, Lessor shall make available to Lessee, for use by Lessee and its employees, customers, guests, invitees and licensees, at no cost to Lessee, a total of forty-five (45) parking spaces in such location(s) as shall be agreed upon by Lessor and Lessee, in writing, prior to the Commencement Date. During the term of this Lease on and subsequent to the date of Lessor's opening of a parking deck for public use on property now owned or hereafter acquired by Lessor adjacent to the Property, Lessor shall make available to Lessee, for use by Lessee and its employees, customers, guests, invitees and licensees, a total of eighty-nine (89) parking spaces in such location(s) as shall be agreed upon by Lessor and Lessee in writing. There shall be no charge to Lessee during the term of this Lease for parking spaces made available to Lessee outside the parking deck. Lessee shall pay to Lessor the sum of One Dollar ($1.00) plus a pro-rated share of annual maintenance cost pass-throughs (Annual maintenance cost pass-throughs shall include the costs of. daily cleaning, periodic sweeping, light bulb replacement and re-striping as needed. Annual maintenance cost pass-throughs shall not include other parking deck operating expenses or parking deck capital expenses, both of which shall be the responsibility of Lessor) applicable solely to sucb.parking deck, for parking spaces made available-to Lessee in the parking deck during the term of this Lease. Such amount(s) shall be paid by Lessee to Lessor as Additional Rent. -5-