7.3 SR 03-01-2021 - Laserfiche WebLink

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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 terins 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 plans unless such plans call for the construction of office, warehouse and manufacturing space with 32 foot clear ceilings, constructed with substantially the same or comparable quality and style of materials with which the Building was constructed and which does not adversely affect the appearance, use or functionality of the Building. The Arbitrator will prepare a written decision within thirty (30) calendar days after the hearing. The decision and the findings of the Arbitrator will be final, conclusive and binding upon the parties, and judgment upon the award and enforcement of any other decision granted by the Arbitrator may be entered or obtained in any court of competent jurisdiction upon the application of any party. The Arbitrator may also elect to award attorneys' fees to the prevailing party in the arbitration, which the non -prevailing party agrees to pay. ARTICLE 27 CONSENT TO JURISDICTION LANDLORD AND TENANT HEREBY SUBMIT TO EXCLUSIVE PERSONAL JURISDICTION IN THE STATE OF MINNESOTA AND THE FEDERAL COURTS OF THE UNITED STATES OF AMERICA LOCATED IN THE STATE OF MINNESOTA (AND ANY APPELLATE COURTS TAKING APPEALS THEREFROM) WITH RESPECT TO ANY AND ALL DISPUTES ARISING OUT OF OR RELATING TO THIS LEASE AND WAIVE ANY AND ALL RIGHTS UNDER THE LAW TO OBJECT TO JURISDICTION WITHIN SUCH 47