4.5 SR 09-05-2023 - Laserfiche WebLink

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damage to or destruction of, the Leasehold Property, the Improvements, or any other improvement presently located on or to be constructed or placed on the Leasehold Property. Section 2.5 Waiver. It is understood by the parties to this Lease Agreement that the Leasehold Property is being leased by Lessee from the City “as is, where is.” The City makes no representations or warranties that the Leasehold Property will be suitable for the uses to which Lessee intends to put it. Lessee hereby waives all statutory, common law, or any other implied warranty of habitability or use and agrees that the City shall not be liable to repair, replace, or pay for any damage to the Leasehold Property or any improvements located on or to be constructed on such property, whether such damage has occurred prior to or occurs after the date of this Lease Agreement. Section 2.6 Surveys and Tests. In the event Lessee wishes to expand the Building during the Term or any Renewal Term, at that time and prior to proceeding with any plans or construction, Lessee shall obtain whatever surveys, soil tests, and other reports and analyses it deems necessary, including without limitation, any environmental analyses and reports referred to in Section 7.8 of this Lease Agreement, at its sole cost and expense. Lessee shall make all such surveys, tests and reports available to the City for examination, upon request and during normal business hours, in connection with and as an integral part of the City’s review and approval of any construction plans and the City’s inspection of the Improvements. ARTICLE 3 NET LEASE Section 3.1 Net Lease. It is the intention and purpose of the City and Lessee that this Lease Agreement shall be a “Net Lease” to the City. All costs and expenses of whatever character or kind, general and special, ordinary and extraordinary, foreseeable or unforeseeable, and of every kind and nature whatsoever that may be necessary in or about the operation of the Leasehold Property and Improvements, including, but not limited to, all hazard and liability insurance; taxes or payments required by any governmental authority in lieu of taxes; special assessments; utilities; and maintenance and repairs, except as may be otherwise expressly provided in this Lease Agreement, shall be paid by Lessee as “Additional Rent” under this Lease Agreement. Section 3.2 The City’s Right to Perform. Except as may be otherwise expressly provided in this Lease Agreement, Lessee covenants and agrees that if at any time Lessee fails to pay any amount required by this Lease Agreement, or to obtain, pay for, maintain, or deliver any of the insurance policies required by this Lease Agreement, or fails to make any other payment or perform any other act required to be made or performed by this Lease Agreement, then the City, without notice to or demand upon Lessee, without waiving or releasing Lessee from any obligation of Lessee contained in this Lease Agreement, and without any obligation to so do, may cause any such insurance coverage to become effective, and pay premiums for the same. The City may also make any other payment, or perform any other act on the part of Lessee to be made and performed as provided in this Lease Agreement, in such manner and to such extent as the City may deem desirable, and in exercising such right to pay necessary and incidental costs and expenses, employ counsel and incur reasonable attorneys’ fees. All sums so paid by the City and all necessary and incidental costs and expenses in connection with performance of any such act by the City, together with interest thereon at a rate of eight percent (8%) per annum from the date of making such 4 2067394.0015/184093281.2