|
i0:cn:3I8a.1
<br />33. Auctions. Lessee shall not conduct, nor permit to be conducted, any auction upon the Premises without Lessor's prior written consent. Lessor shall not be
<br />obligated to exercise any standard of reasonableness in determining whether to permit an auction.
<br />34. Signs. Lessor may place on the Premises ordinary "For Sale" signs at anytime and ordinary "For Lease" signs during the last 6 months of the term hereof. Except
<br />for ordinary "for sublease" signs, Lessee shall not place any sign upon the Premises without Lessor's prior written consent. All signs must comply with all Applicable
<br />Requirements.
<br />3S. Term! nation; Merger. Unless specifically stated otherwise in writing by Lessor, the voluntary or other surrender of this Lease by Lessee, the mutual termination
<br />or cancellation hereof, or a termination hereof by Lessor for Breach by Lessee, shall a utomaticallyterminate any sublease or lesser estate in the Premises; provided,
<br />however, that Lessor may elect to continue anyone or all existing subten a ncies. Lessor's failure within 10 days following any such event to elect to the contrriry by
<br />written notice to the holder of any such lesser interest, shall constitute Lessor's election to have such event constitute the termination of such interest. /
<br />36. Consents. All requests for consent shall be in writing. Except as otherwise provided herein, wherever in this Lease the consent of a Party is reVed an act by
<br />or for the other Party, such consent shall not be unreasonably withheld or delayed. Lessor's actual reasonable costs and expenses (including butk
<br />ited IN
<br />architects', attorneys', engineers' and other consultants' fees) incurred in the consideration of, or response to, a request by Lessee for any Less t, include
<br />but not limited to consents to an assignment, a subletting or the presence or use of a Hazardous Substance, shall be paid by Lessee upon rec t voice and
<br />supporting documentation therefor. Lessor's consent to any act, assignment or subletting shall not constitute an acknowledgment that no Detaach by Lessee
<br />of this Leaseexists, nor shall such consent be deemed a waiver of any then existing Default or Breach, except as may be otherwise spe "cally stariting by
<br />Lessor at the time of such consent. The failure to specify herein any particular condition to Lessor's consent shall not preclude the im p iti at the time of
<br />consent of such further or other conditions as are then reasonable with reference to the particular matter for which consent is being giv he nt that either
<br />Party disagrees with any determination made by the other hereunder and reasonably requests the reasons for such determi on, e ddVrmining party shall furnish
<br />its reasons in writing and in reasonable detail within SO business days following such request. ( E
<br />37. Guarantor.
<br />37.1 Execution. The Guarantors, if any, shall each execute a guaranty in the form most recently published B R C , nd�ach such Guarantor shall have the
<br />same obligations as Lessee under this Lease. tf
<br />37.2 Default. It shall constitute a Default ofthe Lessee if any Guarantor fails or refuses, upon request to pr 'de: (a)evi ence of the execution ofthe guaranty,
<br />including the authority of the party signing on Guarantor's behalfto obligate Guarantor, and in the case ofa corpora Guara or, a certified copy of a resolution of its
<br />board of directors authorizing the making of such guaranty, (b) current financial statements, (c) an Estoppel Certiffcate, written confirmation that the guaranty is
<br />still in effect.
<br />36. quiet Possession. Subject to payment by Lessee of the Rent and performance of all of t covenants, conditions and provisions on Lessee's part to be observed
<br />and performed under this Lease, Lessee shall have quiet possession and quiet enjoyment o e emises during the term hereof.
<br />39. Options. If Lessee is granted any Option, as defined below, then the following p isions shall ly
<br />39.1 Definition. "Option" shall mean: (a) the right to extend or reduce the t of or yenewthis ease or to extend or reduce the term of or renew any lease
<br />that Lessee has on other property of Lessor; (b) the right of first refusal or first offe $,lea either the Premises or other property of Lessor; (c) the right to purchase,
<br />the right of firs[ offer to purchase orthe right of first refusal to purchase the Premises 8 other property of Lessor.
<br />39.2 Options Personal To Original Lessee. Any Option granted to Les i his Lea 3L is personal to the original Lessee, and cannot be assigned or exercised by
<br />anyone other than said original Lessee and only while the original Lessee is i ullp on of the Premises and, if requested by Lessor, with Lessee certifying that
<br />Lessee has no intention of thereafter assigning or subletting.
<br />39.3 Multiple Options. In the event that Lessee has any m?)ing
<br />ons o extend or renew this Lease, a later Option cannot be exercised unlessthe prior
<br />Options have been validly exercised.
<br />39.4 Effect of Default on Options.
<br />(a) Lessee shall have no right to exercise a ptto he period commencing with the giving of any notice of Default and continuing until said
<br />Default is cured, (il) duringthe period of time any Rerf is unpaid ( hod regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of
<br />this Lease, or (iv) in the event that Lessee has been gi jar more otices of separate Default, whether or not the Defaults are cured, during the 12 month period
<br />immediately preceding the exercise of the Option.
<br />(b) The period of time within which an Option a exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option
<br />because of the provisions of Paragraph 39.4(a).
<br />(c) An Option shall term' to and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise
<br />and prior to the commencement o e extended term or completion of the purchase, (i) Lessee fails to pay Rent for a period of 30 days after such Rent becomes due
<br />(without any necessity of LessoVb giNpotice thereof), or (ii) if Lessee commits a Breach of this Lease.
<br />40. Multiple Buildings. I he Premises aR a part of a group of buildings controlled by Lessor, Lessee agrees that it will abide by and conform to all reasonable rules
<br />and regulations which L sor may hake from me to time for the management, safety, and care of said properties, including the care and cleanliness ofthe grounds
<br />and including the parking, a 'fig and unloading of vehicles, and to cause itsemployees, suppliers, shippers, customers, contractors and inviteesto so abide and
<br />i agree conform. Lessee pay itsfair share of common expenses incurred in connection with such rules and regulations.
<br />41. Security Me ures. see hereby acknowledges that the Rent payable to Lessor hereunder does not include the cost of guard service orother security
<br />measures d that e r sha ave no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection of the Premises, Lessee, its
<br />agents din es err
<br />property from the acts of third parties.
<br />r
<br />42. R serva'6pq.Le sor reserves [o itself the right, from time to time, to gran[, without the consent or joinder of Lessee, such easements, rights and dedications
<br />ess i ems necessary, and to cause the recordation of parcel maps and restrictions, so long as such easements, rights, dedications, maps and restrictions do
<br />not un as bly interfere with the use of the Premises by Lessee. Lessee agrees to sign any documents reasonably requested by Lessor to effectuate any such
<br />easeme righ s, dedication, map or restrictions.
<br />3. Pe ormance Under Protest. If at anytime a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions
<br />h , the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be
<br />regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that there
<br />INITIALS INITIALS
<br />© 2019AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM
<br />STN-27.30, Revised 11-25-2019 65 B— /J9 Page 14 of 16
<br />
|