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iMcu-211WA.]
<br />26. No Right To Holdover. Lessee has no right to retain possession of the Premises or any part thereof beyond the expiration or term inatio [
<br />event that Lessee holds over, then the Base Rent shall be increased to 150% of the Base Rent applicable immediately preceding the expiration
<br />Holdover Base Rent shall be calculated on monthly basis. Nothing contained herein shall be construed as consent by Lessor to any holCngover
<br />27. cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulativerhalre?hecfies at law or
<br />in equity.
<br />2B. Covenants and Conditions; Construction of Agreement. All provisions of this Lease to be observed or performed by pssee and conditions.
<br />In construing this Lease, allheadingsand titles are for the convenience of the Parties only and shall not be considered apa required by the
<br />context, the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one t rather according to its fair
<br />meaning as a whole, as if both Parties had prepared it.
<br />29. Binding Effect; Choice of Law. This Lease shall be binding upon the Parties, their personal representatives, cessors an assigns and be governed bythe laws
<br />of the State in which the Premises are located. Any litigation between the Parties hereto concerning this Lease shal initia d in the county in which the Premises
<br />are located. Signatures to this Lease accomplished by means of electronic signature or similar technology shall be lega inding.
<br />30. Subordination; Attornment;Non-Disturbance.
<br />30.1 Subordination. This Lease and any Option granted hereby shall be subject and su dinate to any ground lease, mortgage, deed of trust, or other
<br />hypothecation or security device (collectively, "Security Device"), now or hereaker placed on a Premises, to any and all advances made on the security thereof,
<br />and to all renewals, modifications, and extensions thereof. Lessee agrees the hold of any s I Security Devices (in this Lease together referred to as "Lender")
<br />shall have no liability or obligation to perform any of the obligations of Lessor under s Lease. Any LNder may elect to have this Lease and/or any Option granted
<br />hereby superior to the lien of its Security Device by giving written notice thereof t ssee, reupon this Lease and such Options shall be deemed prior to such
<br />Security Device, notwithstanding the relative dates of the documentation or recordart %Vereof.
<br />30.2 Attornment. In the event that Lessor transfers title to the Premi s, or the ises are acquired by another upon the foreclosure or termination of
<br />Security Device to which this Lease is subordinated (i) Lessee shall, subject t t -disfavrice provisions of Paragraph 30.3, attorn to such new owner, and upon
<br />request, enter into a new lease, containing all of the terms and provisions of t is L e, ith such new owner for the remainder of the term hereof, or, at the election
<br />of the new owner, this Lease will automatically become a new leas en L ee and.,uch new owner, and (i!) Lessor shall thereafter be relieved of any further
<br />obligations hereunder and such new owner shall assume all of sor's ob gatio s, excep' that such new owner shall not: (a) be liable for any act or omission of any
<br />prior lessor or with respect to events occurring prior to acquisiti of ow ) be st bject to any offsets or defenses which Lessee might have against any prior
<br />lessor, (c) be bound by prepayment of more than one mo ' en , d) be lia le for the return of any security deposit paid to any prior lessor which was not paid or
<br />credited to such new owner.
<br />30.3 Non -Disturbance. With respect to Securi Devices ent ed in o by Lessor afterthe execution of this Lease, Lessee's subordination ofthis Lease shall be
<br />subject to receiving a commercially reasonable non-dis bance agr ement (a "Non -Disturbance Agreement") from the Lender which Non -Disturbance Agreement
<br />provides that Lessee's possession of the Premises, and thi ase cluding any options to extend the term hereof, will not be disturbed so long as Lessee is not in
<br />Breach hereof and attorns to the record owner of the Premis urther, within 60 days after the execution of this Lease, Lessor shall, if requested by Lessee, use its
<br />commercially reasonable efforts to obt in a Non -Disturbance Agreement from the holder of any pre-existing Security Device which is secured by the Premises. In the
<br />event that Lessor is unable to provid a Non -Disturbance Agreement within said 60 days, then Lessee may, at Lessee's option, directly contact Lender and attempt
<br />to negotiate for the execution an 'very of Non -Disturbance Agreement.
<br />30A Self -Executing. Th greem is contained in this Pa raga ph 30 shall be effective without the execution of any further documents; provided, however, that,
<br />upon written request from�sor ora Len r in connection with a sale, financing or refinancing of the Premises, Lessee and Lessor shall execute such further writings
<br />as may be reasonably rep Kd5 togparately ocument any subordination, attornment and/or Non -Disturbance Agreement provided for herein.
<br />31. Attorneys'Fees. If aor Broker brings an action or proceeding involving the Premises whether founded in tort, contract or equity, or to declare rights
<br />hereunder, the PYwi
<br />a as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees. Such fees may
<br />be awarded in thorr overed in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term, "Prevailing
<br />Party" shall inclu[ itation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise,
<br />settlem , i e abandonment by the other Party or Broker of its claim or defense. Theattorneys' feesaward shall not be computed in accordance with
<br />ny rt feec shallbe suchas [ofully reimburse all attorneys' feesreasonably incurred. In addition, Lessor shall beentitled [oattorney! fees,costs and
<br />expen inc eparation and service of notices of Default and consultations in connection therewith, whether or not a legal action is subsequently
<br />Aommen in connection with such Default or resulting Breach ($2001s a reasonable minimum peroccurrence for such services and consultation).
<br />32. Le or's Access; Showing Premises; Repairs. Lessor and Lessor's agents shall have the right to enter the Premises at anytime, in the case of an emergency, and
<br />at hewisf at reasonable times after reasonable prior notice for the purpose of showing the same to prospective purchasers, lenders, or tenants, and making such
<br />44teradpAs, repairs, improvements or additions to the Premises as Lessor may deem necessary or desirable and the erecting, using and maintaining of utilities,
<br />se s, pipes and conduits through the Premises and/or other premises as long as there is no material adverse effect on Lessee's use of the Premises. All such
<br />activities shall be without abatement of rent or liability to Lessee.
<br />INITIALS INITIALS
<br />0 2019 AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM
<br />STN-27.30, Revised 11-25-2019 65 B-78 Page 13 of 16
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