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performance, together with interest and service fees for any past due amounts (as provided <br />in Section 3.2) and an administrative charge equal to twelve percent (12%) of the cost <br />incurred by Lessor which the parties agree is a reasonable estimate of and liquidated <br />damages for Lessor's overhead expenses associated with such performance; (ii) terminate <br />Lessee's rights under this Lease upon delivering a written notice of termination; and (iii) <br />re-enter and take possession of the Premises by any lawful means with or without <br />terminating this Lease. Lessee shall pay all costs and damages arising out of Lessee's <br />default, including, but not limited to, the cost of recovering possession of the Premises, the <br />cost of improving and reletting the Premises, including, but not limited to, any real estate <br />broker fees or marketing costs, and attorneys' fees and costs regardless of whether formal <br />action is commenced or concluded. No action by Lessor or Lessor's Associates shall be <br />construed as an election by Lessor to terminate this Lease or accept any surrender of the <br />Premises unless Lessor provides Lessee with a written notice expressly stating that Lessor <br />has terminated this Lease or accepted a surrender of the Premises. Following a default by <br />Lessee under this Lease, Lessor shall exercise commercially reasonable, good faith efforts <br />to mitigate its damages as required by applicable law. <br />12.3 Default by Lessor. Lessor shall not be in default under this Lease unless Lessor <br />fails to perform an obligation required of Lessor under this Lease within thirty (30) days <br />after written notice by Lessee to Lessor. If the nature of Lessor's obligation is such that <br />more than thirty (30) days are reasonably required for performance or cure, Lessor shall <br />not be in default if Lessor commences performance within such thirty (30) day period and <br />thereafter diligently prosecutes the same to completion. <br />12.4 Survival. The provisions of this Section 12 and the remedies and rights provided <br />in Section 7 shall survive any expiration or termination of this Lease. <br />12.5 Holding Over. If Lessee remains in possession of the Premises and Improvements <br />after any expiration or tenmination of this Lease, it shall be deemed that the Lessee has <br />entered into such occupancy without the permission of Lessor. Such occupancy shall not <br />waive any default under this Lease and Lessor may terminate such occupancy as a tenancy <br />at sufferance. During such occupancy, Lessee shall comply with all provisions of this Lease <br />along with those that are applicable to a tenancy at sufferance, and reasonable rent for the <br />Premises shall be deemed to be the highest rate then charged at the Airport for ground rent <br />plus rent for the Improvements at its then fair market value based on Lessor's survey of <br />rent for similarly situated facilities at the Airport and at other similar, tertiary airports in <br />the Western United States, which Lessor shall determine in its reasonable discretion. <br />13. General Provisions. <br />13.1 No Exclusive Rights. Nothing in this Lease shall be construed to grant to Lessee <br />any exclusive right or privilege for the conduct of any activity on the Airport, except to <br />lease the Premises for Lessee's exclusive use as provided herein. <br />13.2 Lease Preserves Authority's Compliance. This Lease shall be interpreted to <br />preserve Lessor's rights and powers to comply with Lessor's Federal and other <br />governmental obligations. <br />LESSEE 9- m 18 LESSOR <br />_U7— <br />