AG 2007 06 18 - Laserfiche WebLink

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circumstances, shall not be affected thereby and each remaining provision of this Sublease shal] be valid and enforceable to the fullest extent permitted by law. 25. Time of the Essence. Except as otherwise expressly provided herein, time is of the essence with respect to all required acts of Subtenant and Sublessor under this Sublease. 26. Commissions. Sublessor and Subtenant wanant and represent that they have not dealt with any broker or sales person in connection with this Sublease. Sublessor and Subtenant further represent they have not dealt with any other person that would create any liability for fhe payment of a commission by the other party. The party who breaches this warranty shall defend, hold harmless and indemnify the non-breaching party from any claims or liability arising from the breach. 27. Notices. All notices, demands, consents and approvals which may be or are required to be given by either party to the other hereunder shall be in writing and shall be deemad to have been fully given and received upon actual delivery (or refusal to accept delivery) to the address of all parties designated to receive notice as set forth on the first page of this Sublease or to such other place as either party shall notify the other party in writing from time to time. Notices, demands, consents and approvals shall be deemed properly given only by: (a) personal delivery; ar(b) sent by a nationally recognized overnight delivery service; or (c) deposit in the United States mail certified, return receipt requested with postage prepaid. 28. Paragraph Headings/Entire Aareement. Paragraph headings are for convenience ottly and shall not be deemed a controlling part of this Sublease agreement. This Sublease contains the entire agreement between the parties with respect to its subject matter. This Sublease may be amended only by subsequent written agreement between the parties. Except for those that are set forth in this Sublease, no representations, prior written or oral promises, warranties or agreements made by Sublessor or Subtenant shall be applicable to this Sublease. 29. Governine Law. This Sublease shall be governed by and shall be construed and interpreted in accordance with the laws of the State of North Carolina. The parties agree to use their best efforts to resolve any conflicts that arise under this Sublease prior to resorting to litigation. However, in the event of litigation hereunder, the parties agree to the personal jurisdiction of the courts of Cabarrus County, North Carolina for resoiution of such dispute. 30. Memorandum of Lease. At the request of either party, Sublessor and Subtenant agree to promptly execute a recordable memorandum of this Sublease setting forth the names and addresses of the parties, the date of execution, a specific legal description of the Land, the actual Commencement Date of the Initial Term or any Renewal Term of the Sublease, which memorandum may be recorded by the requesting party at its expense in the appropriate public records. U~~~