FOSTER ASSESSMENT CENTER & TESTING SERVICE (FACTS)

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ARMCLE 23. TRANSFER OF OW MS IPILF,R - Tn the event of any transfer(s) of Owners interest in the Property, other than a transfer for secu- rity purposes only, the transferor shall be automatically relieved of any covenant of quiet enjoy- ment and any other obligations and liabilities on the part of Owner accruing from and after the date of such transfer, and Tenant agrees to attorn to the transferee. ARTICLE 24. WUI S RICE To FMM TENANT OBLIGATIONS. All covenants and agreements to be performed by Tenant under any of the terms of this lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any scan of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its partto be performed hereunder, and such failure shall continue for ten days after notice thereof by Owner, Owner may (but shall not be obligated so to do), without waiving or releasing Tenant from any of Tenant's obligations, make any such payment or perform any such other act on behalf of Tenant. All sums so paid by Owner and all necessary incidental costs, together with interest thereon at the rate of 12% per annum from the date of such payment by Owner until reimbursement in full by Tenant, shall be payable to Owner as additional rent with the next monthly installment of tent, and Tenant covenants to pay any such sums. Owner shall have (in addi- tion to any other right or remedy of Owner) the same rights and remedies in the event of the nonpay- ment of sums due under this Article as in the case of default by Tenant in the payment of rent, except that payments made by Owner hereunder shall not subject Tenant to a late charge unless reim- bursement by Tenant is not made when due. ARTICLE 25. LEGAL EXPENSES. Tenant sball pay to Owner all amounts for costs (including reasonable attorneys' fees) incurred by Owner in connection with any breach or default by Tenant under this Tease. Such amounts shall be payable upon demand. Tn addition, if any action shall be instituted by either of the parties hereto for the enforcement or interpretation of any of its rights or remedies in or under this Lease, the prevailing party shall be entitled to recover from the losing party all costs incurred by the pre- vailing party in said action and any appeal therefrom, including attorneys" fees to be fixed by the court herein. Said costs and attorneys' fees shall be included as part of the judgement in any such action. Further, should Owner be made a party to any litigation between Tenant and any third party, then Tenant shall pay all costs and attorneys' fees incurred by or imposed upon Owner in connection with such litigation. ARTICLE 26, LA E PAYMENTS: INTEREST AND LATE CHARGES. A. Any amount due from Tenant to Caner which is not paid when due shall bear interest at the rate of 12% per annuu from the date such payment is due until paid. lbwever, amounts spent by Owner on behalf of Tenant (e.g., pursuant to Article 24 hereof) shall bear interest at such rate from the date of disbursement by Owner. - B. Tenant hereby acknowledges that in addition to lost interest, the late payment by Tenant to Owner of rent or any additional rent or other sums due hereunder will cause Owner to irncur other costs not contemplated in this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Such other costs include, but are not limited to, processing, adminis- trative and accounting costs. Accordingly, if any installment of rent or any additional rent or any other sum due from Tenant shall not be received by Owner within ten days after such amount shall be PEAR 1988 -15-