CCP 08-14-2007 - Laserfiche WebLink

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hereof then, for each month during such reletting for which Landlord receives net, avails of such reletting, Tenant shall be entitled to a credit against its liability to Landlord for such month in an amount equal to such net avails, and PROVIDED FURTHER that, in lieu of damages set forth in the foregoing provisions of this Section, Landlord may waive such foregoing provisions and elect, by written notice to Tenant within ninety (90) days after termination or re-entry, to receive forthwith as liquidated damages for such breach, in addition to the amounts specified above, a sum equal to fifteen percent (15%) of the rents that would have been due and payable for the portion of the balance of the term of the Lease from the date of early termination or re-entry through the final lease year. 10.3 COSTS, EXPENSES AND ATTORNEYS FEES. If one party is required to seek legal counsel for collection or to commence litigation or arbitration in order to enforce the covenants and agreements of this Lease, the party prevailing in such collection, litigation or arbitration shall have the right to reimbursement from the other party of all reasonable costs, expenses and attorney's fees. ARTICLE Xl - TENANT'S TAX COVENANTS 11.1. The Tenant is a nonprofit corporation organized and existing under the laws of the State of Minnesota. The Articles of Incorporation and Bylaws set forth in EXHIBIT B attached hereto, constitute full, true, and correct copies of the Articles of Incorporation and Bylaws, and such Articles of Incorporation and Bylaws of the Tenant have not been further amended, nor have any actions been taken for the purpose of effecting any fin-ther amendments or modifications thereof or of effecting the dissolution of the Tenant as of the date hereof. 11.2. Set forth in EXHIBIT C attached hereto with respect to the Tenant is a Certificate of Good Standing issued by the State of Minnesota. There has been no change in the good standing of the Tenant or its authority to conduct its business in the State of Minnesota since the date of the Certificate of Good Standing issued by the State of Minnesota. 11.3. Set forth in EXHIBIT D attached hereto, is a copy of a determination letter from the Internal Revenue Service of the United States Department of the Treasury (the "Internal Revenue Service") with respect to the status of the Tenant as an organization exempt from federal income taxation under Section 501(a) of the Internal Revenue Code of 1986, as amended (the "Code"), as a result of the application of Section 501(c)(3) of the Code. The Tenant has no knowledge of any communication or notification from the Internal Revenue Service, since the date of the attached determination. Letter, that such determination letter has been in any way amended, repealed, or revoked, and, to the knowledge and belief of the undersigned, the determination expressed in such determination letter remains in full force and effect on the date hereof The Tenant is not aware of any adverse action being contemplated by the Internal Revenue Service with respect to the tax- exempt status of the Tenant under the Code, or any meritorious reason therefor. The Tenant has not changed its purposes, character, or method of operation since the date of such detem-ination letter to any extent that could adversely affect the tax-exempt status of the Tenant under the Code. 10