2023-079 Resolution - Laserfiche WebLink

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28. Successors and Assigns. This Lease shall ton with the Premises and shall be binding upon and inure to the bencfit of the parties, their respective heirs, successors, personal representatives and assigns. 29. Waiver of Lessor's Lien. Lessor hereby waives any and all lien rights it may have, statutory or otherwise, in and to the Improvements or any portion thereof, regardless of whether or not same is deemed real or personal property under applicable laws. 30. Waiver of Incidental and Consequential Damages. 31. Liability and Indemnity. Lessee shall indemnify and hold Lessor harmless from all claims (including reasonable attorneys' fees, costs and expenses of defending against such claims) arising from the negligence or willful misconduct of Lessee or Lessee's agents or employees in or about the Property. The duties described herein survive termination of this Lease. 32. Right of First Refusal: Sale of the Premises. If Lessor elects, during the term of the Option or during the Initial Term or any Renewal Terms of the Lease, (i) to sell or otherwise transfer to a third party all or any portion of the Premises, whether separately or as part of a larger parcel of which the Premises is a part, or (ii) to grant to a third party by easement, or other legal instrument, an interest in and many portion of the Property for any purpose relating to operating and maintaining communications facilities or the management thereof, with or without an assignment of this agreement to such third party (including but not limited to assignments of rental streams associated with this agreement), Lessee shall have the right of first refusal to meet any bona fide offer of sale, assignment, or any other transfer on the same terms and conditions as such offer. Lessor shall immediately provide the Lessee with a copy of the bona fide offer together with a notice a notice describing the offer in sufficient detail. If Lessee fails to accept such bond fide offer within thirty (30) days after receipt of the foregoing, Lessor may sell or grant the easement or interest in the Property in accordance with the terms of such bona fide offer. 33. Miscellaneous. (a) Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. (b) This Lease constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Lease, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by the parties. (c) If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fees due such broker and shall hold the other party harmless from any claims for commission by such broker. (d) Lessor agrees to cooperate with Lessee in executing any documents necessary to protect Lessee's rights under this Lease or Lessee's use of the Premises, including but not limited to affidavits relating to title curative measures and subordination and non -disturbance agreements and to take any further action which Lessee may reasonably require as to effect the intent of this Lease. Tov iCo Site Name: North OImsIN Park To—iCa Site Number0110,101