In the event that Lessor is unable to provide the Non -Disturbance Agreement within said 60 days, then Lessee may, at Lessee's option,
<br />directly contact Lender and attempt to negotiate for the execution and delivery of a Nov -Disturbance Agreement.
<br />29.4 Self -Executing. The agreements contained in this Paragraph 29 shall be effective without the execution of any
<br />further documents; provided, however, that, upon written request from Lessor or a Lender in connection with a sale, financing or
<br />refinancing of the Premises, Lessee and Lessor shall execute such further writings as may be reasonably required to separately
<br />document any subordination, attonnnent and/or Non -Disturbance Agreement provided for herein.
<br />30. Attorneys' Fees. If any Party brings an action or proceeding involving the Premises whether founded in tort, contract or
<br />equity, or to declare rights hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon,
<br />shall be entitled to reasonable attorneys' fees. Such fees may be awarded in the same suit or recovered in a separate suit, whether or
<br />not such action or proceeding is pursued to decision or judgment. The term "Prevailing Party" shall mean a Party who substantially
<br />obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the
<br />other Party of its claim or defense. The attorneys' fees award shall not be computed in accordance with any court fee schedule, but
<br />shall be such as to fully reimburse all attorneys' fees reasonably incurred. In addition, Lessor shall be entitled to attorneys' fees, costs
<br />and expenses incurred in the preparation and service of notices of Default and consultations in connection therewith, whether or not a
<br />legal action is subsequently commenced in connection with such Default or resulting Breach ($200 is a reasonable minimum per
<br />occurrence for such services and consultation).
<br />31. Lessor's Access; Showing Premises; Repairs. Lessor and Lessor's agents shall have the right to enter the Premises at any
<br />time, in the case of air emergency, and otherwise at reasonable times after reasonable prior notice for the purpose of showing the same
<br />to prospective purchasers, lenders, or Lessees, and making such alterations, repairs, improvements or additions to the Premises as
<br />Lessor may deem necessary or desirable and the erecting, using and maintaining of utilities, services, pipes and conduits through the
<br />Premises and/or other premises as long as there is no material adverse effect on Lessee's use of the Premises. All such activities shall
<br />be without abatement of rent or liability to Lessee.
<br />32. Auctions. Lessee shall not conduct, nor permit to be conducted, any auction upon the Premises without Lessor's prior written
<br />consent, which consent shall be granted or denied at Lessor's sole discretion.
<br />33. Signs. Lessor may place on the Premises ordinary "For Lease" signs during the last 6 months of the term hereof. All signs
<br />must comply with all Applicable Requirements. Lessee shall not place, construct, or maintain on the glass panes or supports of the
<br />show windows of the Premises, the doors, exterior walls or the roof of the Building, or anywhere else within the Shopping Center
<br />outside of the Premises, or on any interior portions of the Premises that are visible from the exterior of the Premises, any signs,
<br />advertisements, names, insignia, trademarks, descriptive material or any other items without Lessor's prior written consent, which
<br />consent shall be granted or denied at Lessor's sole discretion. Lessor shall designate the size, shape, color, design, and location of all
<br />exterior sign(s) to be installed by Lessee, and Lessee shall, at Lessee's sole cost and expense, fabricate, construct and install all such
<br />sign(s) in full compliance with Lessor's designation and in accordance with the Sign Criteria for the Shopping Center attached hereto,
<br />if any. Lessee agrees to submit plans and specifications for Lessee's sign(s) for Lessor's written approval within 30 days after the full
<br />execution hereof and to install such signs) prior to opening for business at the Premises. Lessor, at Lessee's cost, may remove any
<br />item placed, constructed or maintained in, upon or about the Premises or Shopping Center which does not comply with this paragraph.
<br />Lessee shall have the right to install lettering designating Lessee's business, on both sides of one panel of the pylon signage along
<br />Harbor Blvd at Lessee's expense; with Lessor's approval of location, size, style and color. All signs that are permanently attached to
<br />the Premises or Building shall become the property of Lessor at the expiration or earlier termination hereof; provided, however, that
<br />Lessee shall promptly remove all such signs if Lessor so elects, and Lessee shall promptly repair all damage caused by such removal.
<br />Lessee shall not place, construct or maintain in, upon or about the Premises any search lights, flashing lights, loudspeakers,
<br />phonographs or other visual or audio media.
<br />34. Termination; Merger. Unless specifically stated otherwise in writing by Lessor, the voluntary or other surrender of this
<br />Lease by Lessee, the mutual termination or cancellation hereof, or a termination hereof by Lessor for Breach by Lessee, shall
<br />automatically terminate any sublease or lesser estate in the Premises; provided, however, that Lessor may elect to continue any one or
<br />all existing subtenancies. Lessor's failure within 10 days following any such event to elect to the contrary by written notice to the
<br />holder of any such lesser interest, shall constitute Lessor's election to have such event constitute the termination of such interest.
<br />35. Consents. Except as otherwise provided herein, wherever in this Lease the consent of a Party is required to an act by or for
<br />the other Party, such consent shall not be unreasonably withheld or delayed. In those express instances where consent is within the
<br />sole discretion of a party, the party shall have no obligation to adhere to a standard of reasonableness. Lessor's actual reasonable costs
<br />and expenses (including but not limited to architects', attorneys', engineers' and other consultants' fees) incurred in the consideration
<br />of, or response to, a request by Lessee for any Lessor consent, including but not limited to consents to an assignment, a subletting or
<br />20
<br />
|