2008-11-01 - Laserfiche WebLink

Home Browse Search

• corporation or other legal entity arising out of the same, and all reasonable costs and expenses incurred in connection with any such claim or in connection with any action or proceeding brought thereon, and upon written notice from the Issuer, the Company shall defend the Issuer in any such action or proceeding, except to the extent such claim, cost or expense arises from the gross negligence or willful misconduct of the Issuer. Section 6.3. Qualification of Company in Arkansas. The Company agrees that throughout the term of this Lease Agreement it will be qualified to do business in the State of Arkansas. Section 6.4. Permits or Licenses. In the event that it may be necessary for the proper performance of this Lease Agreement on the part of the Company or the Issuer that any application or applications for any permit or license to do or to perform certain things be made to any governmental or other agency by the Company or the Issuer,the Company and the Issuer each shall, upon the request of either, execute such application or applications. Section 6.5. Access to Premises. The Issuer shall have the right,upon reasonable advance notice to the Company,to have reasonable access to the Premises and the books and records of the Company with respect to the Project during normal business hours for the purpose of ascertaining the Company's compliance with the terms and conditions hereof; provided, however, without the prior written consent of the Company such inspections shall be limited to one visit per month. In making such inspections, the Issuer will observe the Company's prevailing security and safety arrangements. Nothing contained in this Section 6.5 or in any other provision of this Lease • Agreement shall be construed to entitle the Issuer to any information or inspection involving the confidential know-how or other proprietary information of the Company, and prior to any such inspection the Company may require the Issuer to enter into a confidentiality agreement in form and substance satisfactory to the Company with respect to any information involving the confidential know-how or other proprietary information of the Company. Section 6.6. Maintenance and Insurine of Premises. (a) The Company shall at all times maintain, preserve and keep the Premises, and every material element and unit thereof, in good repair,working order and condition(subject to scheduled and unscheduled outages), and from time to time make all necessary repairs and renewals thereto, all as the Company, in its sole discretion, may deem to be desirable for its uses and purposes. The Company may discontinue the operation of the Project,or any element or unit thereof,if,in the sole discretion of the Company,it is no longer advisable to operate the same,or if the Company intends to sell and dispose of the same. After the Completion Date, the Company may at its own expense remodel the Project or make such substitutions, modifications and improvements to the Project from time to time as it, in its sole discretion, may deem to be desirable for its uses and purposes, which remodeling, substitutions, modifications and improvements shall be included under the terms of this Lease Agreement as part of the Premises. (b) The Company shall not be under any obligation to renew, repair or replace any inadequate, obsolete, worn-out, unsuitable, undesirable or unnecessary machinery, equipment or 16