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WOMM11:311PA.I
<br />advance.
<br />13.5 Interest. Any monetary payment due Lessor hereunder, other than late charges, not received by Lessor, when due shall bear interest from the 31st day
<br />after it was due. The interest ("Interest") charged shall be computed at the rate of 10% per annum but shall not exceed the maximum rate allowed bylaw. Interest is
<br />payable in addition to the potential late charge provided for in Paragraph 13.4.
<br />13.6 Breach by Lessor.
<br />(a) Notice of Breach. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to
<br />be performed by Lessor. For purposes of this Paragraph, a reasonable time shall in no event he less than 30 days after receipt by Lessor, and any Lender whose name
<br />and address shall have been furnished to Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed;
<br />provided, however, that if the nature of Lessor's obligation is such that more than 30 days are reasonably required for its performance, then Lessor shall not be in
<br />breach if performance is commenced within such 30 day period and thereafter diligently pursued to completion.
<br />(b) Performance by Lessee on Behalf of Lessor. In the event that neither Lessor nor Lender cures said breach within 30 days after receipt aid notice,
<br />or If having commenced said cure they do not diligently pursue it to completion, then Lessee may elect to cure said breach at Lessee's expense and et f Rent
<br />the actual and reasonable cost to perform such cure, provided, however, that such offset shall not exceed an amount equal to the greater of one nth's Bas en or
<br />the Security Deposit, reserving Lessee's right to seek reimbursement from Lessor for any such expense in excess of such offset. Lessee shall do ment the cost o id
<br />cure and supply said documentation to Lessor. ` Z
<br />14. Condemnation. If the Premisesor any portion thereof are taken underthe power of eminent domain or sold under the threat of the exercis (said power
<br />(collectively "Condemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or po a whic ver first occurs.
<br />If more than 10% of the Building, or more than 25% of that portion of the Premises not occupied by any building, is taken by Condemna n, s ay, at Lessee's
<br />option, to be exercised in writing within SO days after Lessor shall have given Lessee written notice of such taking (or in the ab f su otice, within 10 days
<br />after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning or
<br />es suc p055 sion. If Lessee does not
<br />terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of th remis ma ing, except that the Base
<br />Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Conde 'on s and or payments shall be the
<br />property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, value theNrt taken, or for severance
<br />damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Les e's relocatiollpxPelmses, loss of business goodwill
<br />and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of thi Nragraph. F Alterations and Utility Installations
<br />made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee Ikd Le!soge shall be entitled to any and all
<br />compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, or shall repair any damage to the
<br />Prpmicpa raucpd by curh rnndemnation_
<br />16. Estoppel Certificates.
<br />(a) Each Party (as "Reap Ifding Party") shall within 10 days after written notice from the other Party (the "Requesting Party") execute, acknowledge and
<br />deliverto the Requesting Party a s ment in writing inform similar to the then most current"Estoppel Certificate" form published BYAIR CRE, plus such additional
<br />information, confirmation and/ stat ents as maybe reasonably requested by the Requesting Party.
<br />(b) lithe Resp ing Party II fail to execute or deliver the Estoppel Certificate within such 10 day period, the Requesting Party may execute an
<br />Estoppel Certificate staff hat: (1) the Leas in full force and effect without modification except as may be represented by the Requesting Party, III) there are no
<br />uncured defaults in the ques Party's performance, and (iii) if Lessor isthe Requesting Party, not more than one month's rent has been paid in advance.
<br />Prospective purchasers an umbrancers may rely upon the Requesting Party's Estoppel Certificate, and the Responding Party shall be estopped from denying the
<br />truth of the facts rained in id Certificate. In addition, Lessee acknowledges that any failure on its part to provide such an Estoppel Certificate will expose Lessor
<br />to risks and poten ny Les rto incur costs not contemplated 6y this lease, the extent of which will be extremely difficult to ascertain. Accordingly, should the
<br />Lessee fail to execu /or wer a requested Estoppel Certificate in a timely fashion the monthly Base Rent shall be automatically increased, without any
<br />require ent non to Lessee, byan amount equal to 10% of the then existing Base Rent or$100, whichever is greaterfor remainder ofthe Lease. The Parties
<br />agre hat such ncre a in Base Rent represents fair and reasonable compensation forthe additional risk/costs that Lessorwill incur by reason of Lessee's failure to
<br />provi a el[ rtificate. Such increase in Base Rent shall in no event constitute a waiver of Lessee's Default or Breach with respect to the failure to provide
<br />,ot opp<Certificare nor prevent the exercise ofany ofthe otherrightsand remediesgranted hereunder.
<br />(N If Lessor desires to finance, refinance, or sell the Premises, or any partthereof, Lessee and all Guarantors shall within 10 days after written notice
<br />from Les r deliver to any potential lender orpurchaser designated by Lessor such financial statements as maybe reasonably required by such lender or purchaser,
<br />includin ut not limited to Lessee's financial statements for the past 3years. All such financial statements shall be received by Lessor and such lender or purchaser in
<br />fi ce and shall be used only for the purposes herein set forth.
<br />17. Definition of Lessor. The term "Lessor" as used herein shall mean the owner or owners at the time in question of the fee title to the Premises, or, if this is a
<br />INITIALS INITIALS
<br />© 2019 AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM
<br />STN-2730, Revised 11-25-2019 65 B- /J 6 Page 11 of 16
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