CCP 04-27-1998 - Laserfiche WebLink

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to any person or entity other than Lessee, provided, however, that an Option may be exercised by or assigned to any Lessee Affiliate as defined in paragraph 12.2 of this Lease. The Options, if any. herein granted to Lessee are not assignable separate and apart from this Lease. nor may any . Option be separated from this Lease in any manner, \\r'hether by reservation or otherwise. 38.3 Multiple Options. In the event that Lessee has any multiple options to extend or renew this Lease, a later option cannot be exercised unless the prior option to extend or renew this Lease has been so exercised. 38.4 Effect of Default on Options. (3) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary, (i) during the time commencing from thc datc when Lessor gives to Lessee a notice of default pursuant to paragraph 13. l(b) or D,l(e) and continuing until the noncompliance alleged in said notice of default is cured, or (ii) during the period of timc commencing on the date after a monetary obligation to Lessor is due from Lessee and unpaid (without any necessity for notice thereof to Lessee) and continuing until the obligation is paid, or (iii) at any time aflcr an event of default described in paragraph 13.I(a). 13.I(d). or 13.I(e) without any necessity of Lessor to give notice of such default to Lessee, or (iv) in the event that Lessor has given to Lessee three or more notices of default under paragraph 13.1 (b), or paragraph 13.I(c). whethcr or not the defaults are cured, during the 12.month period of time immediately prior to the time that Lessee attempts to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of paragraph 38.4(a). (c) All rights of Lessee under the provisions of an Option shall tenninate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(e) within thirty (30) days afler the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to . completion, or (iii) Lessee commits a default described in paragraph 13.I(a), 13.I(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three or more notices of default under paragraph 13.I(b). or paragraph 13. I(c). whether or not the defaults are cured. 39. Security Measures. Lessee hereby acknowledges that Lessor shall have no obligation whatsoever to provide guard service or other security measures for the benefit of the Premises or the Industrial Center. Lessee assumes aH responsibility for the protection of Lessee, its agents, and invitees and the property of Lessee and of Lessee's agents and invitees from acts of third parties. Nothing herein contained shalt prevent Lessor, at its sole option, from providing security protection for the Industrial Center or any part thereof, in which event the cost thereof shall be included within the definition of Operating Expenses, as set forth in paragraph 4.2. 40. Easements. Lessor reserves to itself the right, from time to time, to grant such easements, rights, and dedications as Lessor deems necessary or desirable, and to cause the recordation of parcel maps and restrictions, so long as such easements, rights, dedications, maps, and restrictions do not unreasonably interfere with the use of the Premises by Lessee. Lessee shaU sign any of the aforementioned documents upon request of Lessor, and failure to do so shall constitute a material default of this Lease by Lessee without the need for further notice to Lessee. 41. Performance Under Protest. If at any time a dispute arises as to any amount or sum of money to be paid by one party to the other under the provisions hereof, the party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment, and there shall survive the right on the part of said party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said party to pay such sum or any part thereof, said party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease. 42. Authority. If Lessee is a corporation, trust, or general or limited partnership, each . individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of such entity. 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