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<br />Page | 45 <br />4894-6811-3695v.2 0017787-000542 <br />4894-6811-3695v.2 0017787-000542 <br />11.9 Waiver by Tenant. Tenant’s waiver of any breach by Lessor of any term, covenant or <br />condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same <br />or any other term, covenant or condition herein contained. <br />11.10 Tenant Covenants and Agreements. All covenants and agreements to be performed <br />by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant’s sole cost <br />and expenses and without any abatement of Rent. If Tenant shall fail to pay any sum of money, <br />other than Rent required to be paid by it hereunder, or shall fail to perform any other act on its part to <br />be performed hereunder, or to provide any insurance or evidence of insurance to be provided by <br />Tenant within the time period required under this Lease, then in addition to any other remedies <br />provided herein, Lessor may, but shall not be obligated to do so, and without waiving or releasing <br />Tenant from any obligations of Tenant, make any such payment or perform any such act on Tenant’s <br />part to be made or performed as provided in this Lease or to provide such insurance. Any payment <br />or performance of any act or the provision of any such insurance by Lessor on Tenant’s behalf shall <br />not give rise to any responsibility of Lessor to continue making the same or similar payments or <br />performing the same or similar acts. All costs, expenses, and other sums incurred or paid by Lessor <br />in connection therewith, together with interest at the Interest Rate from the date incurred or paid by <br />Lessor, shall be deemed to be Additional Rent hereunder and shall be paid by Tenant within thirty <br />(30) days of receipt of a demand and invoice from Lessor, and Tenant’s failure to pay the Lessor, as <br />stated herein, shall constitute an Event of Default under this Lease. <br />ARTICLE XII <br />HOLDING OVER <br /> <br />If Tenant holds over after the expiration or earlier termination of the Term hereof without the <br />express written consent of Lessor, Tenant shall become a Tenant at sufferance only, at a monthly <br />rental rate of (a) Fifty Thousand Dollars ($50,000) to the extent the Premises are not subject to any <br />tenant income or rent restrictions and all units may be rented at market-rate rents, or (b) Twenty Five <br />Thousand Dollars ($25,000) to the extent the Premises are subject to any tenant income or rent <br />restrictions (“Hold Over Rent”), increased annually commencing with commencement of the hold <br />over period by an amount equal to the greater of (i) three percent (3%) for each year of the Term, or <br />(ii) a percentage equal to the percentage increase from the Base Period of the Consumer Price Index <br />(“CPI”) for Los Angeles- Riverside-Orange County [All Urban Consumers-All Items, not seasonally <br />adjusted (Base Period 1982-84=100)]. Said CPI for the month of December for the second year of the <br />Term shall be considered the “Base Period.” Said adjustment shall be made by comparing the CPI for <br />the Base Period to the CPI for the month of December immediately preceding each such adjustment. <br />If at any time there shall not exist the CPI, Lessor shall substitute any official index published by the <br />Bureau of Labor Statistics, or successor or similar governmental agency, as may then be in existence, <br />and shall be most nearly equivalent thereto. If Tenant fails to surrender the Premises and the <br />Improvements as stated herein, and Lessor shall take legal action to cause Tenant’s eviction from the <br />Premises and is successful in such action, Tenant shall be responsible for all costs and expenses, <br />including reasonable attorney’s fees and costs, incurred by County and/or Agency in connection with <br />such eviction action; Tenant shall also indemnify and hold Lessor harmless from all loss or liability <br />or reasonable attorney’s fees and costs, including any claim made by any succeeding tenant, incurred <br />by County and/or Agency founded on or resulting from such failure to surrender. <br /> <br />ARTICLE XIII <br />ESTOPPEL CERTIFICATES <br />EXHIBIT 11