8.1. SR 03-21-2016 - Laserfiche WebLink

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expenses of whatever nature arising out of or in connection with the Expansion Area work or the entry of Tenant or Tenant's contractors into the Building and the Premises, including without limitation, mechanic's liens, the cost of any repairs to the Premises or Building necessitated by activities of Tenant or Tenant's contractors, bodily injury to persons (including, to the maximum extent provided by law, claims arising under the Minnesota Structural Act) or damage to the property of Tenant, its employees, agents, invitees, licensees or others. It is understood and agreed that the foregoing indemnity shall be in addition to the insurance requirements set forth above and shall not be in discharge of or in substitution for same or any other indemnity or insurance provision of the Lease. (x) Notwithstanding anything to the contrary provided in this Section 26.4, Tenant may not commence any construction or other on-site activities with respect to the Expansion Improvements or other improvements unless and until Tenant has obtained from Landlord and Mortgagee, the Landlord's and Mortgagee's written approval of Tenant's proposed means of financing all of the costs to be incurred by Tenant in connection with the construction of the Expansion Improvements or other improvements under this Section 26.4. Such approval will not be unreasonably withheld, delayed or conditioned. Tenant will provide Landlord and Mortgagee with written evidence of Tenant's financial ability to pay for the such improvements in such form and containing such detail as is reasonably acceptable to Landlord and Mortgagee. Such evidence may include, without limitation, evidence of accounts containing available cash, letters of credit, escrow accounts, binding financing commitments from third - party lenders or guaranties of completion and payment from financially responsible third parties. (b) Notwithstanding any provision in the Lease to the contrary, in the event Tenant proceeds under this Section 26.4 and completes construction of improvements in the Expansion Area in accordance with the terms of this Section 26.4 (as evidenced by the issuance of a certificate of occupancy for the Expansion Area improvements), Tenant shall have no obligations to pay Monthly Rent, Additional Rent or any other charges whatsoever for the Expansion Area for the remaining Term of the Lease, including any Extension Periods. The parties agree that the foregoing provision relating to the waiver of rent payment for the Expansion Area upon Tenant's construction of Expansion Area improvements is a material inducement for Tenant to enter into this Lease. (c) If any controversy or dispute between the parties hereto arises under Section 26.4(a)(i), either party may submit such controversy or dispute for arbitration to, and in accordance with the Rules of the American Arbitration Association. All arbitration hearings will be held in front of a single Arbitrator in Minneapolis, Minnesota. The Arbitrator must be an architect or engineer, but may not be an affiliate of Landlord, Tenant or Mortgagee. The Arbitrator will have the power to determine the form and content of the final plans as contemplated under Section 26.4; provided, however, that the Arbitrator may not approve any in