Minutes - 11-3-14 Reg. Meeting - Laserfiche WebLink

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BK:00027 PG - 0061 Tenant may, at its option, terminate the Lease. No portion of the insurance proceeds paid or payable to Tenant by Tenant's insurers shall be paid to Landlord. 9. Default Notwithstanding any provision of the Lease to the contrary in the case of Tenant's failure to perform a non - monetary obligation or covenant, no default shall exist unless and until Landlord has provided Tenant with written notice of the alleged default and provided Tenant with a period of 30 days to cure such default provided that if such default cannot be cured within 30 days, no default shall exist so long as Tenant commences curative action within such 30 day period and diligently purses such curative action to completion. In no event shall Tenant's cessation of operations, vacating the leased premises or abandonment of the leased premises constitute a default under this Lease. Landlord shall have a duty to mitigate its damages in the event of a default by Tenant. 10. Rent Acceleration Landlord shall have no right to accelerate future rent except as provided in this paragraph. Without terminating this Lease, Landlord may, as permitted by law, enter into and repossess the Premises for the account of Tenant, opening locked doors if necessary to effect such entrance, and may remove all occupants and any property thereon without being liable therefor except as to the negligence or intentional misconduct of Landlord or its agents. Landlord may, in addition to its other rights and remedies, store Tenant's property in a public warehouse or at a place selected by Landlord, at the expense of Tenant. In such event, Tenant shall be liable to Landlord for all loss and damage which Landlord may suffer by reason of such retaking, whether through inability to relet the Premises or otherwise, including any loss of Rent for the remainder of the Lease Term, which Landlord may, at its option, recover as damages from Tenant in an amount equal to the worth at the time of award by a court having jurisdiction thereof of the amount by which the unpaid Rent for the balance of the Term after the time of such award, which shall become accelerated and immediately due and payable, exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided. 11. Alteration of Common Area Landlord may not alter or modify the Common Area in a manner than materially alters the visibility, access or parking for the Premises. 12. Rules and Regulations All rule and regulations promulgated by Landlord shall be uniformly enforced in a non - discriminatory manner. No amendment or new rule shall be binding on Tenant until Tenant has received 30 days written notice of such change or new rule. No rule or regulation shall alter, amend or modify the express terms of this Lease. 13. Assianment Landlord shall not unreasonably withhold, delay or condition its consent to an assignment or sublease provided that Tenant may with the consent or approval of Landlord assign its interest in the Lease to an affiliate of Tenant and Tenant may sublease all or any part of the leased premises to physicians for office use. For the purposes of this Lease an "affiliate" of Tenant shall mean (i) 3 of 8