|
13. Brokerage. Landlord and Tenant each represent that they had no dealings with
<br />any real estate broker, finder, or other person with respect to this First Amendment in any manner,
<br />other than Lee & Associates Newport Beach, Inc, representing Tenant ("Tenant's Broker") and
<br />Newmark representing Landlord ("Landlord's Broker" and collectively with Tenant's Broker, the
<br />"Brokers"). Landlord shall pay Brokers a leasing commission in connection with this First
<br />Amendment pursuant to separate agreement. Tenant shall indemnify and hold Landlord harmless
<br />from any cost, expense or liability (including costs of suit and reasonable attorney's fees) for any
<br />compensation, commission or fees claimed by any other real estate broker or agent in connection
<br />with this First Amendment or its negotiation by reason of the act of Tenant. Landlord shall
<br />indemnify Tenant and hold Tenant harmless from any cost, expense or liability (including costs of
<br />suit and reasonable attorney's fees) for any compensation, commission or fees claimed by any real
<br />estate broker or agent in connection with this First Amendment or its negotiation by reason of the
<br />act of Landlord.
<br />14, Miscellaneous. The submission of an unsigned copy of this First Amendment to
<br />Tenant shall not constitute an offer. This First Amendment (a) shall be binding upon an inure to
<br />the benefit of the parties hereto and their respective successors, heirs, legal representatives and
<br />assigns, (b) may be executed in two or more counterparts, all of which together shall constitute but
<br />one and the same agreement, (c) shall be governed by and construed in accordance with the laws
<br />of the State of California and both parties further agree that Orange County, California, shah be
<br />the venue for any action or proceeding that may be brought or arise out of, in connection with or
<br />by reason of this Agreement, (d) shall constitute the entire agreement between the parties relating
<br />to the subject matter hereof, all prior negotiations, agreements, and understandings (not including
<br />the Lease, as amended), whether oral or written, being hereby superseded and terminated, and (c)
<br />shall become effective and binding only upon execution and delivery by both Landlord and Tenant.
<br />The execution of facsimiles, including the use of electronic signatures, of this First Amendment
<br />shall be binding on the parties hereto,
<br />17. E-SIGN and Counterparts, Landlord and Tenant agree: (a) that a party's
<br />electronic signature with respect to this Lease has been executed or adopted by the signatory with
<br />the intent to sign, and be bound by, this Lease; (b) delivery ofthis Lease via electronic transmission
<br />or other electronic means shall be valid delivery for all pm•poses; (c) this Lease and any additional
<br />information incidental hereto may be maintained as electronic records; (d) photocopies, facsimile
<br />transmissions, electronic images and other copies of this Lease and/or its signature pages, shall be
<br />valid, binding, effective and enforceable the same as originals for all purposes, and may be so
<br />admitted in any judicial proceeding, regulatory proceeding or arbitration, and in matting proof of
<br />this Lease it shall be unnecessary to produce the original hereof or any or all original signature
<br />pages; and (e) each patty agrees to take any and all reasonable actions, if any, as may be necessary
<br />or as may be reasonably requested by any other party to this Lease to further evidence such party's
<br />intent to be bound by the provisions of this Lease and to ensure compliance with the provisions of
<br />the Electronic Signatures in Global and National Commerce Act 1.5 U.S.C. §§ 7001, et seq., the
<br />Uniform Electronic Transactions Act as incorporated into applicable law, and any other applicable
<br />law pertaining to electronic signatures,
<br />Remainder of Pare Intentionally Blarrk Signature Pa e Fodlowsl
<br />iUr0216.11
<br />
|