then this Lease shall terminate unless Lessor rescinds Lessor's prior notice of its intent to relocate Lessee within 10 days after Lessor's
<br />receipt of Lessee's notice of cancellation.
<br />42. Authority; Multiple Parties; Execution.
<br />(a) If either Party hereto is a corporation, trust, limited liability company, partnership, or similar entity, each individual
<br />executing (his Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease
<br />on its behalf, Each Party shall, within 30 days after request, deliver to the other Party satisfactory evidence of such authority.
<br />(b) If this Lease -is executed by more than one person or entity as "Lessee", each such person or entity shall bejointly and
<br />,severally liable hereunder. It is agreed that any one of the named Lessees shall be empowered to execute any amendment to this Lease,
<br />or ether doctunent ancillary thereto and bind all of the named Lessees, and Lessor may rely or the same as if all of the named Lessees
<br />had executed such document.
<br />(c) This Lease may be executed by the Parties in counterparts, each of which shall be deemed an original and all of which
<br />together shall constitute one and the same instrument.
<br />43. Conflict. Any conflict between the printed provisions of this Lease and the typewritten or handwritten provisions shall be
<br />controlled by the typewritten or hanlwritten provisions.
<br />44. Offer. Preparation of this Lease by either Party or their agent and submission of same to the other Party shall not be deemed
<br />an offer to tease to the other Party. This Lease is not intended to be binding until executed and delivered by all Parties hereto,
<br />45. Amendments, This Lease may be modified only in writing, signed by the Parties in interest at the time of the modification.
<br />As long as they do not materially change Lessee's obligations hereunder, Lessee agrees to make such reasonable non - monetary
<br />modifications to this Lease as may be reasonably required by a Lender in connection with the obtaining of normal financing or
<br />refinancing of the Premises.
<br />46. Arbitration of Disputes. An Addendum requiring the Arbitration of all disputes between the Parties arising out of this Lease
<br />❑ is OX is not attached to this Lease.
<br />47. Accessibility; Americans with Disabilities Act.
<br />(a) The Premises; have not unlergonc an inspection by a Certified Access Specialist (CASp).
<br />irnspeet4on- by- a�ctrEit +ed- Recess- Spesinhst-( SkSp) �and- itivas- tbte+7tvaed- NnaE•fha�'rsmise5 -anal ad}- appNsabls- eenstr{+stien- relatsd
<br />aeeessil> ility. sEandar+lspursua�te- Salifern }a S4vit- Oede�S33d -et; -�.- ,�.� -l: mead© rgenean- iuspeeEieu3 �yttC�eeEified- Aseess- Speraial4sE
<br />(E,4Sp}- and- it-wea d ©Eetmined- the# -the Premises- did- txst -raeeE all-apt>bie�l�k* eoauslruetian- related- aecessibt1iE� ;startdaeds{�urseraut -te
<br />6aiFornlaGiui}Eede 3, Stet -sec-.
<br />(b) Since compliance with the Americans with Disabilities Act (ADA) is dependent upon Lessee's specific use of the
<br />Premises, Lessor makes no warranty or representation as to whether or not the Premises amply with ADA or any similar legislation
<br />In theeventthat Lessee's specific use of the Premises and /or Lessee's Work or improvements to thePremises requires anymodifications,
<br />alterations or additions to tine Premises in order to comply with the Accessibility Laws, such work shall be performel by Lessee at
<br />Lessee's sole cost and expense. Subject to the terms of this Lease, Lessee shall indemnify, defend, hold harmless and reimburse Lessor
<br />from and against any and all claims, actions, causes ofaction, damages, lemands, liabilities, obligations, losses or expenses (specifically
<br />including, but not limited to reasonable attorneys' fees, court costs, and expert witness fees), proceedings, suits, debts, or any claimed
<br />indebtedness alleged against Lessor, its agents and assigns, arising out of or in connection with, in whole or in part directly er indirectly
<br />(i) any use by Lessee of the Premises which is not in compliance with the Accessibility Laws, (it) Lessee's failure to maintain the
<br />Premises in compliance with the Accessibility Laws, and /or (iii) Lessee's Work or Improvements to the Premises which are not in
<br />compliance with the Accessibility Laws.
<br />48. Soldiers and Sailors Civil [relief Act (SSCRA). Lessee hereby certifies that Ire /she, individually, or any member or officer
<br />of the Lessee Corporation, Partnership, LLC or any other Organization is not currently an active member of any Branch or In theReserve
<br />of any Bratnch of tine Armed Forces of the United States of America, and. Farther waives all of his /her /their rights to and under The
<br />Soldiers and Sailors Civil Relief Act (SSCRA),
<br />LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS (.,EASE AND EACH TERM AND
<br />PROVISION CONTAINED HEREIN. AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND
<br />VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED,
<br />THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF
<br />LESSOR AND LESSEE WITH RESPECT TO THE PREMISES.
<br />22
<br />
|