6.1 EDSR 12-19-2016 - Laserfiche WebLink

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8. Time of Essence. Time is of the essence in the performance of this Agreement. 9. Assignability. Neither of the Borrowers shall assign this Agreement without written consent of Lender, which consent may be withheld, conditioned or delayed in Lender's sole discretion. Lender may freely assign or otherwise transfer(including by participation) all or any part of its interest in the Loan or any or all of the Loan documents, in Lender's sole discretion. 10. Miscellaneous Covenants of Borrowers. Borrowers covenant and agree with Lender that,without cost to Lender, Borrowers will or will cause Landlord to: (a) Performance of Conditions. Promptly keep, perform and comply with all of the terms, covenants and conditions to be kept and performed by Borrowers and/or Landlord, as required by the City of Elk River (the "City") and any other governmental body having jurisdiction over the Loan Property; keep unimpaired the rights of Borrowers and/or Landlord under any permit or agreement issued or made by the City or other governmental body having jurisdiction over the Loan Property; and to enforce the prompt performance of all of the terms, covenants and conditions to be kept and performed by the City or other governmental body having jurisdiction over the Loan Property, respectively, under any permits or agreements issued or made by the City or such other governmental bodies, and any contractors under all contracts obtained or held by Borrowers and/or Landlord in connection with construction or operation of the Borrowers or Landlord's businesses. (b) Amendment, Etc. of Documents. Not amend, cancel, terminate, supplement or waive any of the material terms, covenants and conditions of any permit or agreement issued or made by the City or any other governmental body having jurisdiction over the Loan Property, or any other contracts obtained or held by Borrowers in connection with any contracts, documents or agreements referred to herein without the prior written approval of Lender. (c) Performance of Note, Security Agreement, etc. Without limiting the foregoing, keep and perform all of the terms, covenants, conditions and requirements of the Note,the Security Agreement and this Agreement. (d) Insurance. During the term of this Agreement, Borrowers shall procure and maintain or cause to be procured and maintained at their sole expense, casualty insurance, public liability insurance and such other types of insurance as are reasonably required by Lender from time to time, with coverages and in amounts normally held by owners of property similar to the Loan Property (as improved) and with companies satisfactory to Lender. The policy or policies or duly executed certificate or certificates for such insurance and renewals or replacements thereof shall be deposited with Lender. (e) Pay Charges. Pay all loan charges including, but not limited to: (i) Lender's attorneys' fees; and (ii) filing fees of any instruments required under this 4 491713v1 EL185-46