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1 <br />2 <br />3 <br />4 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />04 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />50 <br />51 <br />52 <br />53 <br />54 <br />55 <br />56 <br />57 <br />58 <br />59 <br />60 <br />61 <br />62 <br />63 <br />64 <br />65 <br />66 <br />67 <br />68 <br />69 <br />70 <br />71 <br />72 <br />73 <br />74 <br />75 <br />76 <br />77 <br />78 <br />79 <br />so <br />Should Tenant fail to provide such estoppel certificate, financial statement or assignment of rights <br />withinten(10) days of the service on Tenant of request therefor, then it is agreed between the parties hereto <br />that Landlord may suffer substantial damage as a result of Tenant's failure and therefore Tenant shall pay to <br />Landlord daily Additional Rental, in addition to all other rental due under this Lease, in an amount equal to <br />one -thirtieth (1/30) of the Guaranteed Minimum Monthly Rental (as set forth in,Section 4A hereof) far each <br />daycommencing on the eleventh (l 1 th) day after service of the request for such estoppel certificate, financial <br />statement or assignment of rights until the same is provided to Landlord, its mortgagee or purchaser. Said <br />daily Additional Rental shall be due and payable daily for each day commencing on the eleventh day following <br />the service of such request, and in default three (3) days after each such daily due date, <br />37, REV IS I ONO F E X H I B IT "A", It is understood and agreed that the site plan attached hereto <br />as Exhibit ''A" is preliminary and that prior to the commencement of the term hereof Landlord may revise said <br />site plan and change the site of Tenant's demised premises. In the event of such a change, Landlord or Tenant <br />may cancel this Lease upon notice to the other, in which event any security deposit or prepaid rent paid by <br />Tenant shall be refunded to Tenant, and neither party shall thereafter have any further obligations to each <br />other respecting this Lease. It is further understood that afterthe commencement of the term hereof, <br />Landlord may modify the site plan without Tenant's consent, so long as such modification does not <br />unreasonably affect the use of Tenant's demised premises. <br />36. C 0 N D E M IN A T I C N. In the event that bya condemnation ora transfer in lieu thereof by power <br />of eminent domain by a public or quasi -public authority, twenty percent (20%) or more of the demised <br />premises is taken, or in the event as a result of such taking or transfer in lieu thereof, Landlord is unable to <br />provide the parking required by Section 8 hereof, Landlord or Tenant may, upon written notice giver within <br />lhirty(30) days after such taking ortransfer in lieu thereof, terminate this Lease. Tenant shall not be entitled to <br />share in any portion of the award by the condemning authority, and the Tenant hereby expressly waives any <br />right or claim to any part thereof from the condemning authority and from Landlord for the value of the <br />unexpired term of this Lease. Tenant shall, however, have the right to claim and recover, only from the <br />condemning authority (but not from Landlord), any amounts necessary to reimburse Tenant for the cost of <br />removing stock and fixtures. In the event of taking or transfer in lieu thereof of less than twenty percent (20%) <br />of the demised premises, the terms and conditions of this Lease shall remain unchanged. <br />39, N 0 0 RA L AG R E E M E N T. This Lease covers In full each and every agreement of every kind <br />or nature whatsoever between the parties and their respective agents and representatives hereto <br />concerning this Lease, and all preliminary negotiations and agreements of whatsoever kind or nature are <br />merged herein, and there are no oral agreements or Implied covenants. <br />40. SECURITY MEASURES. Tenant hereby acknowledges that Landlord shall have <br />no obligation whatsoever to provide guard service or other security measures for <br />the benefit of the Premises or the Shopping Center. Tenant assumes all respon— <br />sibility for the protection of Tenant, its agents and invitees and the property <br />of Tenant and of Tenant's agents and invitees from acts of third parties. <br />Nothing herein contained shall prevent Landlord, at Landlord's sole option, from <br />providing security protection for the Shopping Center or any part thereof, in <br />which event the cost thereof shall be included within the definition of Common <br />Area expenses, as set forth in Section 8. <br />CRY Nlaniger <br />ER <br />CI <br />Ai��a <br />IN WITNESS WHEREOF, the parties have duly executed this Lease together with the herein referred to <br />Exhibits which are attached hereto, on the day and year first above written, <br />LANDLCRD <br />THE CITY OF SANTA ANA, a municipal corporation <br />ABy <br />DANIEL E. GRISET <br />ATTES <br />i,410E C. Gm( <br />CLERK OF THE <br />TENANT <br />Page 1 I of 11 <br />