(c) If Lessor desires to finance, refinance, or self the Premises, or any part thereof, Lessee hereby agrees to deliver to any lender or
<br />purchaser designated by Lessor such financial statements of Lessee as may be reasonably required by such lenderor purchaser. Such statements
<br />shall include the past three years' financial statements of Lessee. All such financial statements shall be received by Lessor and such lender or
<br />purchaser in confidence and shall be used only for the purposes herein set forth.
<br />17. Lessor's Liability. The term "Lessor" as used herein shall mean only the owner or owners at the time in question of the fee title Ora lessee's
<br />interest in aground lease of the Premises, and except as expressly provided in Paragraph 15, in the event of any transfer of such title or interest,
<br />Lessor herein named (and in case of any subsequent transfers than the grantor) shall be relieved from and after the date of such transfer of all
<br />liability as respects Lessors obligations thereafter to be performed, provided thatanyfunds inthe hands of Lessororthethen grantor at the time of
<br />such transfer, in which Lessee has an interest, shall be delivered to the grantee. The obligations contained in thik Leaseto be performed by Lessor
<br />shall, subject as aforesaid, be binding on Lessor's successors and assigns, only during their respective periods of ownership.
<br />18. Severability. The invalidity of any provision ofthis Lease as determined by a court of competent jurisdiction, shall in noway affect the validity
<br />of any other provision hereof.
<br />19. Interest on Past -due Obligations. Except as expressly herein provided, any amount due to Lessor not paid when due shall bear interest atthe
<br />maximum rate then allowable bylaw from the date due. Payment of such interest shall not excuse or cure any default by Lessee under this Lease,
<br />provided, however, that interest shall not be payable on late charges incurred by Lessee noron any amounts upon which late charges are paid by
<br />Lessee.
<br />20. Time of Essence. Time is of the essence.
<br />21. Additional Rent Any monetary obligations of Lessee to Lessor under the terms of this Lease shall be deemed to be rent.
<br />22. Incorporation of Prior Agreements; Amendments. This Lease contains all agreements of the parties with respect to any matter mentioned
<br />herein. No prior agreement or understanding pertaining to any such mattershall be effective. This Lease may be modified in writing only, signed by
<br />the parties in interest at the time of the modification. Except as otherwise stated in this Lease. Lessee hereby acknowledges that neither the real
<br />estate broker listed in Paragraph 15 hereof nor anycooperating brokeronthistransaction northeLessororany employees oragentsofanyofsaid
<br />persons has made any oral or written warranties or representations to Lessee relativeto the condition or use by Lessee of said Premises and Lessee
<br />acknowledges that Lessee assumes all responsibility regarding the Occupational Safety Health Act, the legal use and adaptability of the Premises
<br />and the compliance thereof with all applicable laws and regulations in effect during theterm of this Lease except as otherwise specifically stated in
<br />this Lease.
<br />23. Notices. Any notice required or permitted to be given hereunder shall be in writing and maybe given by personal delivery or by certified mail,
<br />and if given personally or by mail, shal I be deemed sufficiently given if addressed to Lessee or to Lessor at the address noted below the signature of
<br />the respective parties, as the case maybe. Either party may by notice to the other specify a different address for notice purposes except that u pon
<br />Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for notice purposes. A copy of all notices required or
<br />permitted to be given to Lessor hereunder shall be concurrently transmitted to such party or parties at such addresses as Lessor may from time to
<br />time hereafter designate by notice to Lessee.
<br />24. Waivers. No waiver by Lessor or any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by
<br />Lessee of the same or any other provision. Lessor's consentto, or approval of any act, shall not be deemed to render unnecessary the obtaining of
<br />Lessor's consent to or approval of any subsequent act by Lessee. The acceptance of rent hereunder by Lessor shall not be a waiver of any preceding
<br />breach by Lessee of any provision hereof, Other than the failure of Lessee to pay the particular rent so accepted, regardless of Lessor's knowledge
<br />of such preceding breach at the time of acceptance of such rent.
<br />2$. Recording. Either Lessor or Lessee shall, upon request of the other, execute,. acknowledge and deliver to the other a "short form"
<br />memorandum of this Lease for recording purposes.
<br />26. Holding Over. If Lessee, with Lessor's consent, remains in possession of the Premises or any part thereof after the expiration of the term
<br />hereof, such occupancy shall be a tenancy from month to month u pon all the provisions of this Lease pertaining tothe obligations of Lessee, but al I
<br />options and rights of first refusal, if any, granted under the terms of this Lease shall be deemed terminated and be of no further effect during said
<br />month to month tenancy.
<br />27. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive butshall, wherever possible, be cumulative with all other
<br />remedies at law or in equlty.
<br />28. Covenants and Conditions. Each provision of this Lease performable by Lessee.shall be deemed both a covenant and a condition.'
<br />29. Binding Effect; Choice of Law. Su bjectto any provisions hereof restricting assignment orsubletting by Lessee and subject to the provisions
<br />of Paragraph 17,this Lease shall bind the parties, their personal representatives, successors and assigns. This Lease shall be governed by the laws
<br />of the State wherein the Premises are located.
<br />30. Subordination.
<br />(a) This Lease, at Lessor's option, shall be,subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or
<br />security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof
<br />and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to
<br />quiet possession of the Premises shall not be disturbed if Lessee is not in defau It and so long as Lessee shall pay the rent and observe and perform
<br />all ofthe provisions of this Lease, unless this Lease is otherwise terminated pursuantto itsterms, If any mortgagee, trustee or ground lessorshall
<br />slecttohavethisLease priortothelien ofitsmortgage, dead oftrustorgroundlease, and shall givewrittennoticethereoftoLessen thisLeaseshall
<br />"deemed priorto such mortgage, deed oftrust, orground lease, whether this Lease is dated prior orsubsequenttothe date ofsaid mortgage, deed
<br />of trust or ground lease or the date of recording thereof.
<br />(b) Lessee agrees to execute any documents required to effectuate an attornment, asubordination orto make this Lease priorto the lien
<br />of any mortgage, deed of trust or ground lease, as the case maybe. Lessee's fai I ure to execute such documents within 10 days after written demand
<br />shal I constitute a material default by Lessee hereunder, or, at Lessor's option; Lessor shall execute such documents on behalf of Lessee as Lessee's
<br />attorney -in -fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney -in -fact and in Lessee's name, place and
<br />stead, to execute such documents ih accordance with this paragraph 30(b).
<br />31. Attorney's Fees. If either party or the broker named herein brings an action to enforce the terms hereof or declare rights hereunder, the
<br />prevailing party in any such action, on trial or appeal, shall be entitled to his reasonable attorneys fees to be paid by the losing party as fixed by the
<br />court. The provisions of this paragraph shall inure to the benefit of the broker named herein who seeks to enforce aright hereunder.
<br />32_ Lessor's Access. Lessor and Lessor's agents shall have the right to enter the Premises at reasonable times for the purpose of inspecting the
<br />same, showing the same to prospective purchasers, lenders, or lessees, and making such alterations, repairs, improvements or additions to the
<br />Premises or to the building of which they are a part as Lessor may deem necessary or desirable. Lessor may at any time place on or about the
<br />Premises any ordinary "For Sale" signs and Lessor may at any time during the last 120 days of the term hereof place on or about the Premises any
<br />ordinary "For Lease" signs, all without rebate of rent or liability to Lessee.
<br />33. Auctions. Lessee shall not conduct, nor permit to be conducted, either voluntarily or involuntarily, any auction upon the Premises without
<br />first having obtained Lessor's prior written consent. Notwithstanding anything to the contrary in this Lease, Lessor shall not be obligated to
<br />exercise any standard of reasonableness in determining whether to grant such consent_
<br />34. Signs. Lessee shall not place any sign upon the Premises without Lessor's prior written consent except that Lessee shall have the right,
<br />without the prior permission of Lessor to place ordinary and usual for rent or sublet signs thereon.
<br />35. Merger. The voluntary or other surrender of this Lease by Lessee, or a mutua[cancellation thereof, or a termination by Lessor. shal I not work a
<br />merger, and shall, at the option of Lessor, terminate all or any existing subtenancies or may, at the option of Lessor, operate as an assignment to
<br />Lessor of any or all of such subtenancies.
<br />36. Consents. Exceptfor paragraph 33 hereof, wherever in this Lease the consent of one party is required to an act ofthe other party, such consent
<br />shall not be unreasonably withheld.
<br />37. Guarantor. In the event that there is a guarantor of this Lease, said guarantor shall have the same obligations as Lessee under this Lease.
<br />38. Quiet Possession. Upon Lessee paying the rent for the Premises and observing and performing all of the covenants, conditions and
<br />provisions on Lessee's partto be observed and performed hereunder, Lessee shall have quiet possession of the Premises for the entire term hereof
<br />subjectto all of the provisions of this Lease. The individuals executing this Lease on behalf of Lessor represent and warrantto Lessee that they are
<br />fulty authorized and legally capable of executing this Lease on behalf of Lessor and that such execution is binding upon all parties holding an
<br />ownership interest in the Premises.
<br />39. Options.
<br />39.1 Definition. As used in this paragraph the word "Options" has the following meaning: (1) the right or option to extend the term of this
<br />Lease or to renew this Lease or to extend or renew any lease that Lessee has on other property of Lessor, (2) the option or right of first refusal to
<br />lease the Premises orthe right of first offerto lease the Premises orthe right of first refusal to lease other property of Lessor orthe right of first offer
<br />to lease other property of Lessor; (3) the right or option to purchase the Premises, orthe rightof first refusal to purchase the Premises, or the right of
<br />first offerto purchase the Premises or the right or option to purchase other property of Lessor, orthe right of first refusal to purchase other property
<br />of Lessor or the right of first offer to purchase other property of Lessor. .
<br />39.2 Options Personal. Each Option granted to Lessee in this Lease are personal to Lessee and may not be exercised or be assigned,
<br />voluntarily or involuntarily, by orto any person or entity other than Lessee, provided, however, the Option maybe exercised by or assignedto,any
<br />Initials:
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