5.3 ERMUSR 06-03-2025 - Laserfiche WebLink

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14 235433v5 (b) This Lease constitutes the entire agreement and understanding of Lessor and Lessee with respect to the subject matter hereof and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by Lessor and Lessee. (c) If either Lessor or Lessee is represented by a real estate broker in this transaction, that party shall be fully responsible for any fees due such broker and shall hold the other party harmless from any claims for commission by such broker. (d) This Lease shall be construed in accordance with the laws of the state in which the Property is situated. (e) If any term of this Lease is found to be void or invalid, such validity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. (f) Lessor shall cooperate, at no cost to Lessor, with Lessee’s efforts to evaluate the Water Tower and to comply with governmental regulations affecting Lessee’s use of the Property by providing information about the Water Tower, the Water Tower’s location and prior filings made by Lessor with governmental agencies. (g) Neither this Lease, nor a memorandum of same, shall be filed in the public records without the prior written consent of Lessor. (h) This Lease may be executed in two or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties, it being understood that all parties need not sign the same counterpart. (i) In the event Lessor receives notification of any condemnation proceedings affecting the Property, Lessor will provide notice of the proceeding to Lessee within a reasonable amount of time. If a condemning authority takes all of the Property, or a portion sufficient, in Lessee’s sole determination, to render the Premises unsuitable for Lessee, this Lease will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Lessee will include, where applicable, the value of its Equipment, moving expenses, prepaid Lease Payment, and business dislocation expenses. Lessee will be entitled to reimbursement for any prepaid Lease Payment on a pro rata basis. (j) Lessor waives any and all lien rights it may have, statutory or otherwise, concerning the Equipment or any portion thereof. The Equipment shall be deemed personal property for purposes of this Lease, regardless of whether any portion is deemed real or personal property under applicable law; Lessor consents to Lessee’s right to remove all or any portion of the Equipment from time to time in Lessee’s sole discretion and without Lessor’s consent. 188