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36.2 Default. It shall constitute a Default of the Lessee if any Guarantor fails or refuses, upon request to provide: (a) <br />evidence of the execution of the guaranty, including the authority or the party signing on Guarantor's behal I'to obligate Guarantor, and <br />in the case ora corporate Guarantor. a certified copy of a resolution of its board of directors authorizing the making of such guaroray. <br />(b) current financial statements, (c) an Estoppel Certificate, or (d) written confirmation that the guaranty is still in effect. <br />37. Quiet Possession. Subject to payment by lessee of the Rent and performance orall of the covenants, conditions and provisions <br />on Lessee's part to be observed and performed under this Lease. Lessee shall have quiet possession and quiet enjoyment orthe Premises <br />during the term hereof. <br />38. Options. If Lessee is granted any Option. as defined below. then the following provisions shall apply. <br />38.1 Definition "Option" shall mean: (a) the rieht to extend or reduce the term of or renew this Lease or to extend of <br />reduce the term of or renew any lease that Lessee has on other properly of Lessor: and (b) the right of firs; refusal or lint offer to lease <br />either the Premises or other property of Lessor: <br />38.2 Options Personal To Original Lessee, Any Option granted to lessee in this Lease is personal to the original Lessee, <br />and cannot be assiened or exercised by anyone other than said original Lessee and only while the original Lessee is in full possession <br />of the Premises and, if requested by Lessor, with Lessee certifying that Lessee has no intention of thereafter assi,ming or sublet ins. <br />38.3 Multiple Options. In the event that Lessee has any multiple Options to extend or renew this Lease, a later Option <br />cannot he exercised unless the prior Options have been validly exercised. <br />38.4 Effect of Default on Options. <br />(a) Lessee shall have no right to exercise an Option: (1) during the period commencing with the giving of any <br />notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether <br />notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been -given 3 <br />or more notices ofseparate Default, whether or not the Defaults are cured, during the Term of the Lease. <br />(b) The period or time within which an Option may be exercised shall not be extended or enlarged by reason of <br />Lessee's inability to exercise an Option because of the provisions or Section 38.4(a). <br />39. Security Measures. Lessee hereby acknowledges that the Rent payable to Lessor hereunder does not include the cost orguard <br />service or other security measures, and that Lessor shall have no obligation whatsoever to provide same. Lessee assumes all <br />responsibility for the protection of the Premises, Lessee, its agents and invitees and their property from the acts of third parties. While <br />Lessor does not assume any responsibility to provide any security treasures or any liability for failure to provide security measures or <br />for any inadequacy thereof, Lessor shall have the authority to institute or continue such security measures as Lessor in its sole discretion <br />deems necessary or appropriate from time to time, the cost and expenses of which shall be considered Common Area Operating <br />Expenses. <br />40. Reservations. Lessor reserves the right: (i) to grant, without the consent or joinder of Lessee, such easements, rights and <br />dedications that Lessor deems necessary, (ii) to cause the recordation of parcel maps and restrictions, and (iii) to create and/or install <br />new utility raceways, so long as such easements, rights, dedications, maps, restrictions, and utility raceways do not unreasonably <br />interfere with the use of the Premises by Lessee. Lessee agrees to sign any documents reasonably requested by Lessor to effectuate <br />such rights. <br />41. Building Planning. Lessor shall have the right m any time or limes, upon giving Lessee not less than 60 days prior written <br />notice, to provide and furnish Lessee with space of comparable visibility located elsewhere within any of the buildings within the <br />Shopping Center and to trove Lessee into such new space, provided that the usable area of such new space is not less than the usable <br />area of the Premises and provided that all of Lessee's reasonable out -or -pocket moving expenses (including but not limited to the cost <br />of moving Lessee's personal property, the cost of reprinting Lessee's stationery or other business materials with the new address, and <br />the cost to relocate and reinstall Lessee improvements and Lessee's telecommunications and computer equipment) shall be paid by <br />Lessor, and provided further that Lessor shall construct at Lessors expense such improvements to such new space as shall be necessary <br />to place it in a condition that is substantially comparable to the Premises. Except as provided in the immediately preceding sentence, <br />Lessor shall have no obligation to improve such space or pay any other expenses incurred by Lessee as a result of such relocation. On <br />such relocation, the terms and conditions of this Lease shall remain in full force and effect, including but not limited to the Base Rent <br />payable hereunder and Lessee's Share (even if the usable area of such relocated Premises is in excess of the usable area of the Premises), <br />except that the Premises shall be in such new location. Upon Lessor's request, the Parties shall execute an amendment to this Lease in <br />form required by Lessor confirming the relocation of the Premises to such new location. If the new space does not meet with Lessee's <br />approval, which approval Lessee shall give or withhold in accordance with Paragraph 35, Lessee shall have the right to cancel this Lease <br />by giving Lessor written notice thereof within 15 days of receipt of Lessors notification of its intent to relocate Lessee. Lessens failure <br />to give such notice within such 15 day period shall be deemed Lessee's approval of the new space. If Barely notice is given by Lessee, <br />21 <br />25E-23 <br />