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EXHIBIT 1
<br />be awarded In the some suit or recovered Inasepalate suit, whether or not such action or proceeding Is pursued to declslon or judgment. The terns, "Prevailing
<br />Party" shall Include, without Ilmltatlon, a Party or Broker who substantially obtains or defeats the rellei sought, as toe case maybe, whether by compromise,
<br />settlement, judgment, or the abandonment by the other Party or Broker of Its claim or defense, The attorneys' fees award shall not be computed in accordance with
<br />any court fee schedule, but shall be suchas to fully reimburse all attorneys' tees reasonably Incurred, In addition, Lessor shall be entitled to attorneys' fees, costs and
<br />expenses incurred in the preparation and service of notices of Default and consultations in connectlontherewlth, whether or not a legal action Is subsequently
<br />tommenced in connoction with such Default or resulting Breach ($200 is a reasonable minimum per occurrence for such services and consultation),
<br />32, Lessor's Access; Showing Pr4m1m; Repaim Lessorand Lessor's agents shall havexhe r1ght to enivr1he Premises at any time, Inthecaso of an emergency, and
<br />otherwise at reasonable times after reasonable prior notice for thepurpose of showingthe same to prospective purchasers, lenders, or tenants, and making such
<br />alteration, repairs, Improvements or addltium to the Premises as lessor may deem necessary or deslrable and the erecting, using and maintaining of utilities,
<br />services, pipes and conduits through the Premises and/or other premiset as long as there fine material adverse effect on Lessee's use of the Premises. All such
<br />activltles shall be without abatement of rent or (}ability to Lessee.
<br />33. Auctions, Lessee shall not candmt, nor permit to be conducted, anyauction upon the Premises withautLessor's prior written consent. Lessor %hail not be
<br />obligated to exercise any standard of reasonableness In determining whether to permit an auctton.
<br />34. Signs. Lessor may place on the Premises ordinary "For Sale" signs at any time and ordlnary"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 wiliten consent. All signs must comply with all Applicable
<br />Requirements,
<br />33, Tetmination;Merger. Unles4 specifically stated otherwise In writing by Lessor, ihevolunta,y or other surrender of thls-Leaseby Lessee,tho mutual Wmination
<br />or cancellation hereof, or a terminadon hereof by Lessor for Breach by lessee, shall automaticallyterminate any sublease or lesser estate in the Premises; provided,
<br />however, that Lessor may elect to continue any one or all exlsdng subtenancles, Letter's failure within 10 days followingany such event to elect to the contrary by
<br />written notice to the holder of any such lesser interest, shall constitute Lessor's aleCden to have such event Constitute the terminadon of such interest.
<br />36. Corients, All requests for consent shall be in vrritfng. Except it otherwise, provided herein, wherever hi this Least the consent of a Party Is required to an act by
<br />or for the other Parry, such consent shill not be unreasonabiy withheld or delayed. Lessor's actual reasonable costs and expenses (Including but not limited to
<br />architects', attorneys', englneere and other consultants' fees) incurred in the consideration of, or response to, a request by Lessee for any lessor consent, including
<br />but not limited to consents to on assignment, a subletting or the presence or use of a Hazardous Substance, shall be paid by Lessee upon receipt of an Invoice and
<br />suppordng documentation therefor, Lessor'sconsent to any act, asslgnme nt or subletting shall not constitute an acknowledgment that no Default or Breach by Lessee
<br />of this tease exists, nor shall such consent be deemed a waiver of any then existing Default or Breach, except as may be otherwise specifically stated in writing by
<br />Lessor at the time of such consent. The failure to specify herein any partcular condition to lessor's consent shall rot preclude the Imposition by Lessor 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 glyen. In the event that either
<br />Party disagrees with any determination made by theother hereunder and reasonably requests the reasons for such determination, the determining party shattfurnish
<br />Its reasons In writing and In reasonable detallwithln 10 business days following such request,
<br />37. Guarantor.
<br />37.1 Execution. The Guarantors, Ifa ny, shall each execute a guaranty In the form most recently published BY AIR CAF, and each such Guarantor shall have the
<br />same obligations as Lessee under this Lease,
<br />372 Default It shall constitute a Oelaultof the Lessee If any Guarantor falls er refuses, upon request to provide. (a)evidence of the oxecudon of lho guaranty,
<br />Including the authority of the party signing on Guarantor's behalf to obfgate Guarantor, and In the case of a corporate Guarantor, acertlfied copy of a resolution of tts
<br />board of directors authotizing the making of tech guaranty, (b) current financial statements, (c) an Estoppel Certificate, or (d) written confirmation that the guaranty Is
<br />still In effect.
<br />38. quiet Possession, Subject to payment by lessee of the Rent and performance of all oithe covenants, conditions and provisions on lessee's part to be observed
<br />and performed under this Lease, Lessee shall havequiel possession and quiet enjoyment of the Premises during the term hereof,
<br />39. Options, If Lessee Is granted any Option, as defined below, then the following proulsions shall apply.
<br />39A Deflnition, "Option' shall mean: (al the right to extend or reduce the term of or renew this lease or to extend or reduce the term or or renew any tease
<br />that Lessee has on other p roperty of Lessor; (b) the right of first refusal orfirst offer to lease either the Promises or other property of Lessor,(c) the right to purchase,
<br />the right of first offertepurchase or the rightof first refusal to purchase the Promises of other p(opertyof Lessor,
<br />39.2 options Personal To Original lessee. Any Option granted to Lessee In Chit Lease Is personal to the orlginal Lessee, and cannot be assigned or exerclsed by
<br />anyone other then said orlglnal lessee and onlywhile the oNgInA Lessee Is In full possession of the Premises and, If requested by Lessor, with Lessen certifying that
<br />Lessee has no intention of thereafter aSSlgning or subletting,
<br />39.3 Multiple Options. In the event that Lessee has any multiple Options to extend or renew this tease, a later Optlon cannot be exercised unless the prior
<br />Options have beenvalldly errerclsed.
<br />39.4 Effect of Defaulton Options,
<br />(a) lessee shall have no right to exercise an Option; (I)d uring the period commencing with the giving of any notice of Default and continuing until sald
<br />Default is cured, (11) during the period of time any Rent Is unpaid (without regard to whether notteethereof Is given Lessee),(lil) during the time Lessee Is 0 Breach of
<br />this Lease, or IN) In the event that Lessee has been given 3 or mare notices of separataDefault, whothefor not the Defaults are cured, during the 22month period
<br />Immediately preceding the exercise ofthe Option.
<br />(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise anOption
<br />because of the provisions of Paragraph 39.4(a).
<br />(c) An Option shall terminate and beef no further force or effecl, notwithstanding Lessee's due and timely exercise of the Option, If, after such exerclse
<br />and prior to the commencement ofthe extended term orcompletion of this purchase, (1) Lessee falls to pay Rent for a parlor[ of 30days after such Rent becomes due
<br />(without any necessity of Lessor to give notice thereof), or (4) if Lessee commits a Breach of this lease,
<br />40. Multiple Oulfdings, lithe Premises are a part of a groupof bulldingscontrofied by Lessor, Lessee agrees that it willabide by and conform to all reasonable rules
<br />and regulations which lessor may make from time to time for the management, safely, and care ofsald properties, Including the care and cleanliness of the grounds
<br />and including the parking, loading and unloading of vehicles, and to cause Its employees, suppliers, shippers, Customers, contractors and Invitees to so abide and
<br />W
<br />ssee al%p agrees to pay Its lair share of common expenses Incurred in Connection with such rules and regulatlons.
<br />iNITIALS-
<br />0 2019AiR CRE, All Rights Reserver!, Last Edited; 2/25/2021 9;53 AM
<br />STN•27.30, Revlsed 11.25-2019 Page 14 of 16
<br />City Council 26 — 16 4/19/2022
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