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13.6 Breach by Lessor. <br />(a) Notice of Breach. Lessor shall not be deemed in breach ol'this Lease unless Lessor fails within a reasonable <br />time to perform an obligation required to be performed by Lessor For purposes of this Paragraph, a reasonable time shall in no event <br />he less than 30 days alter`oceip[ by Lessor, and any Lender whose name and address shall hove been I'urilisTcd Lessee in writing for <br />such purpose, of written notice specifying wherein such oblisation of Lessor has not been performed, provided, however, that if the <br />nature of Lessor's ohligation is such that more than 30 days are rcasonahly required for its perfxmance. then Lessor shall not be in <br />breach if perinrinance is commenced within such 30 day period and Lherealterdiligentlypursued to completion. Under r,o circumstances <br />shall Lessee have the right to terminate the Lease as a result of Lessor's breach or alleged breach of the Leasc. <br />(b) Performance by Lessee on Behalf of Lessor. In the event that neither Lessor nor Lendcr cures said breach <br />,eithir. 30 days 11 tel receipt ol'satJ r uce. or ti h:tvin cornnm�ced said cure they cl not dllig�r,l1 p" -suc i, L_, mpletion. than Lessen <br />may upon 30 days prior .;ritt2n r mice to Lessor. elect to cora said breach at Lessee's expQns^ and should Lc�sr lat!x refuse to <br />remilou se Leisca For the actual, itemized, third-party cost of such cure within 30 days I'olloevir , Lessor's receipL ofLessee's itemized <br />invoice lot same. Lessee may offset from Base Rent the actual and reasonable cost to Perform such cure, provided hnwever, thus such <br />ollsel shall not exceed an amount equal to the greater of one month's Base Rent or the Sccurity Deposit, reserving Lessee's right to <br />reimhuisemenL from Lessor for any such expense in excess of such offset. <br />14. Condemnation. if the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat <br />of the exercise of said power (collectively "Condemnation"), this Lease shall terminale as to the part taken as of the date the condemn m, <br />nuthorlty takes title or possession, whichever first occurs. If more than Mck of the poor area of the Premises is taken by Condemnation, <br />Lessee may, at Lessee's option, to he exercised in writing within 20 days alter Lessor shall have given Lessee written notice of such <br />taking (or in the absence of such notice within 20 days alter the condemning authority shall have taken possession) terminate this Lease <br />as ol'the date the condemning authority takes such possession. It Lessee does not terminate this Lease in accordance with thelore-oing. <br />this Lease shall remain in lull farce and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in <br />proportion to the reduction Rentable Area of the Premises caused by such Condemnation. Condemnation awards and/or payments shall <br />be the property of Lessor, whether such .Huard shall be made as compensation for diminution in value of the leasehold, the value of the <br />part taken, or for severance damages; provided, however, that Lessee shall he entitled to any compensation paid by the condemner for <br />Lessee's relocation expenses, loss or business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated <br />pursuant to the provisions of this Paragraph- All Alterations and Utility Installations made to the Premises by Lessee, for purposes of <br />Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is <br />payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the <br />Premises caused by such Condemnation to the extent of the Condemnation Award actually received by Lessor, if any. <br />is. Brokerage. <br />15.1 Representations and Indemnities of Broker Relationships. Lessee and Lessor each represent and warrant to the <br />other that it has had no dealings with any person, Pum, broker car tinder (other than the Brokers, if any) in connection with this Lease, <br />and that no one other than said named Brokers is entitled to any commission or finder's fee in connection herewith. Lessee and Lessor <br />do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges <br />which may be claimed by any such unnamed broker, finder or other similarparty by reason of any dealings tractions of the indemnirying <br />Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. <br />16. Estoppel Certificates. <br />(a) Lessee (as "Responding Party") shall within 10 days after written notice from Lessor (the "Requesting Party") <br />execute, acknowledge and deliver to the Requesting Party no estoppel statement orcertificale in writing in the form designated by Lessor <br />(or Lessor's Lender or purchaser), plus such additional information, confirmation and/or statements as may be reasonably requested by <br />the Requesting Party. <br />(b) If the Responding Party shall fail to execute or deliver the Estoppel Certificate within such 10 day period, the <br />Requesting Party may execute an Estoppel Certificate stating that: (i) the Lease is in full force and effect without modification except <br />as may be represented by the Requesting Party, (ii) there are no uncured defaults in the Requesting Party's performance, and (iii) not <br />more than one month's rent has been paid in advance. Prospective purchasers and encumbrances may rely upon the Requesting Party's <br />Estoppel Certificate, and the Responding Party shall be estopped from denying the truth of the Facts contained in said Certificate. In <br />addition, Lessee acknowledges that any failure on its part to provide such an Estoppel Certificate will expose Lessor to risks and <br />potentially cause Lessor to incur costs not contemplated by this Lease, the extent of which will be extremely difficult to ascertain. <br />Accordingly, should Lessee fail to execute and/or deliver a requested Estoppel Certificate in a timely fashion the monthly Base Rent <br />shall be automatically increased, without any requirement for notice to Lessee, by an amount equal to 10% of' the then existing Base <br />Rent or $100, whichever is greater for remainder of' tile Lease. The Parties agree that such increase in Base Rent represents Fair and <br />reasonable compensation for the additional risk/costs that Lessor will incur by reason of Lessee's failure to provide the Estoppel <br />17 <br />