4.5 SR 05-16-2022 - Laserfiche WebLink

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OFAC Covenant. Tenant will ensure, and cause each of its subsidiaries to ensure, that (i) no person who owns twenty percent (20%) or more of the equity interest in Tenant, or otherwise controls Tenant or any of its subsidiaries, is or shall be listed on the Specially Designated Nationals and Blocked Person List or other similar lists maintained by the OFAC, the Department of the Treasury or included in any Executive Order. Landlord's Riht of Recature a on Cessation of O erations. If Tenant ceases to operate its business in the Premises for a period in excess of sixty (60) days (unless in connection with a remodeling, condemnation, casualty, or Event of Force Majeure) (the "Dark Period"), in addition to Landlord's other rights and remedies under this Sub -Lease, Landlord has the right, but not the obligation, to terminate this Sub -Lease on the terms and conditions in this Section, at no cost to Landlord (the "Recapture Right"). Landlord may exercise its Recapture Right any time after said sixty (60) day Dark Period by providing written notice ("Landlord's Recapture Notice"). This Sub -Lease will terminate as of the date which is thirty (30) days after the date on which Tenant receives Landlord's Recapture Notice. Notwithstanding the foregoing, Landlord's Recapture Right will be null and void and this Sub -Lease will continue in full force and effect in the event that Tenant gives written notice to Landlord within thirty (30) days after receipt of Landlord's Recapture Notice that either Tenant or its permitted assignee or sublessee intends to commence operations at the Premises and Tenant (or its permitted assignee or sublessee, as the case may be) in fact commences operations at the Premises within sixty (60) days after receipt by Tenant of Landlord's Recapture Notice. Contmencies. Landlord's obligations under this Sub -Lease are contingent on Landlord's receipt of any consent or approval required by Landlord's lender. Landlord will diligently pursue its lender's consent and approval and will deliver Tenant notice of satisfaction on or before the Rent Commencement Date. Guarant �. Tenant will deliver to Landlord along with an executed copy of this Sub - Lease, a fully executed copy of the Lease Guaranty Agreement in form attached hereto as Exhibit D, wherein Ben Jaremko (hereinafter referred to as "Guarantor") shall guaranty Tenant's Sub -Lease obligations. Landlord shall not have any obligations under this Sub -Lease unless and until said executed Lease Guaranty Agreement is delivered to Landlord, and it will be an Event of Default if Tenant does not deliver the fully executed Lease Guaranty Agreement along with the executed copy of this Sub -Lease. Counter arts. This Sub -Lease may be executed in several counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument. Effective Date. The Effective Date of this Sub -Lease will be the date set forth on the signature page of this Sub -Lease. Radius Restriction. Tenant covenants and agrees that it shall not at any time during the Term or any Option Term directly or indirectly, operate, manage or have any interest in any other business which is in competition with a business operated for the Permitted Use within a radius of three (3) miles of the Premises. -13-