8.0. EDSR 04-13-1998 - Laserfiche WebLink

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ARTICLE XIII. - MORTGAGE AND TRANSFER: ESTOPPEL CERTIFICATES 14.01 Landlord shall have the right to transfer, mortgage, pledge or otherwise encumber, assign and convey, in whole or part, the Premises, the Building, this Lease, and all or any part of the rights now or thereafter existing and all rents and amounts payable to Landlord under the provisions hereof. Nothing herein contained shall limit or restrict any such rights, and the rights of the Tenant under this Lease shall be subject and subordinate to all instruments executed and to be executed in connection with the exercise of any such rights, including, but not limited to, the lien of any mortgage, deed of trust, or security agreement now or hereafter place upon Landlord's interest in the Premises. This paragraph shall be self-operative. Tenant covenants and agrees to execute and deliver upon demand such further instruments subordinating this Lease to the lien of any such mortgage, deed of trust or security agreement as shall be requested by the Landlord and/or mortgagee or proposed mortgagee or holder of any security agreement provided, however, that so long as Tenant is not indefault under this lease, Tenant's right to occupy the Premises shall not be affected as a result of such subordination or the exercise of any rights by any mortgagee or other successor to Landlord or Landlord's mortgagee. 14.02 Estoppel Certificates. Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (v) • such other matters as may be reasonably required by Landlord or the holder of a mortgage, deed or trust or lien to which the property is or becomes subject. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. If Tenant does not provide such statement within such 10-day period, then any such statement by Tenant may be given by Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord, (iii) that not more than one month's Base Rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be stopped from denying the truth of such facts. ARTICLE XIV. - EMINENT DOMAIN 15.01 If the Premises or such substantial part thereof as reasonably renders the remainder unfit for the intended uses shall be taken by any competent authority under the power of eminent domain or be acquired for any public or quasi-public use or purpose, the Term of this Lease shall cease and terminate upon the date when the possession of said Premises or the part thereof so taken shall be required for such use or purpose and without apportionment of the award and Tenant shall not have a claim against Landlord for the value of any unexpired term of this Lease. If any condemnation proceeding shall be instituted in which it is sought to take any part of the Building or to change the grade of any street or alley adjacent to the Building and such taking or change of grade makes it necessary or desirable to remodel the Building to conform to the • changed grade, Landlord shall have the right to terminate this Lease after having given written notice of termination to Tenant not less than ninety (90) days prior to the date of termination designated in the notice. In either of said events, rent at the then current rate shall be apportioned 7