25E - AGMT WESTEND SUBSTATION OFFICE LEASE

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then this Lease shall terminale unless Lessor rescinds Lessor's prior notice of its intent tore locale Lessee within 10 days after Lessor's receipt of Lessee's notice of cancellation. 43. Authority; Multiple Parties; Execution. (a) If either Party hereto is a corporation. oust, limited liability company, partnership. or similar entity, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on its behalf. Each Party shall, within 30 days alter request. deliver to the other Party satisfactory evidence of such authority. (b) If this Lease is executed by more than one person or entity as' Lessee", each such person or entity shall he jointly and severally liable hereunder. It is agreed that any one of the named Lessees shall be empowered to execute any amendment to this Lease. or other document ancillary thereto and bind all of the named Lessees. and Lessor may rely on the same as if all of the named Lessees had executed such document. (c) This Lease may be executed by the Parties in counterparts each of which shall he deemed an original and all of which together shall constitute one and the same instrument. 43. Conflict. Any conflict between the printed provisions at' this Lease and the typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions. 44. Offer. Preparation of this Lease by either Party or their agent and submission of same to the other Party shall not be deemed an orler to lease to the other Party. This Lease is not intended to be binding until executed and delivered by all Parties hereto. 45. Amendments. This Lease may be modified only in writing, signed by the Parties in interest at the time of the modification. As long as they do not materially change Lessee's obligations hereunder, Lessee agrees to make such reasonable non -monetary modifications to this Lease as may be reasonably required by a Lender in connection with the obtaining of normal financing or refinancing of the Premises. 46. Arbitration of Disputes. An Addendum requiring the Arbitration of all disputes between the parties arising out of this Lease ❑ is EIX is not attached to this Lease. 47. Accessibility; Americans with Disabilities Act. (a) The Premises: have not undergone an inspection by a Certified Access Specialist (CASp). 9 have andergeHe-an inspeetieH by iaGecti4ed Aeeess-Spe6alist(CASp) and 4 was detecttmied that the Premises -met-all-applicable--eenstreetieH.related eeee`_ hilki standardsparseaette6aliierniaGivil-Gude etseq. -9have ende vmean+HspeetienbyoE Flified-Aeeess-Specialist (GASp)-aHd-i was-determined4hat the Premises did -net -meet aN-applicable-eenst+aalien-related- aeeessihiRty standardspHrsaaHt-te C-alifarnia Givil6ede*53.3f etseq. (b) Since compliance with the Americans with Disabilities Act (ADA) is dependent upon Lessee's specific use of the Premises, Lessor makes no warranty or representation as to whether or not the Premises comply with ADA or any similar legislation. In the event that Lessee's specific use ofthe Premises and/or Lessee's Work or improvements to the Premises requires any modifications, alterations or additions to the Premises in order to comply with the Accessibility Laws, such work shall be performed by Lessee at Lessee's sole cost and expense. Subject to the terms of this Lease, Lessee shall indemnify, defend, hold harmless and reimburse Lessor from and against any and all claims, actions, causes of action, damages, demands, liabilities, obligations, losses or expenses (specifically including, but not limited to reasonable attorneys' fees, court costs, and expert witness fees), proceedings, suits, debts, or any claimed indebtedness alleged against Lessor, its agents and assigns, arising out of or in connection with, in whole or in part, directly or indirectly (i) any use by Lessee of the Premises which is not in compliance with the Accessibility Laws, (ii) Lessee's failure to maintain the Premises in compliance with the Accessibility Laws, and/or (iii) Lessee's Work or Improvements to the Premises which are not in compliance with the Accessibility Laws. 48. Soldiers and Sailors Civil Relief Act (SSCRA). Lessee hereby certifies that he/she, individually, or any member or officer of the Lessee Corporation, Partnership, LLC or any other Organization is notcurrently an active member of any Branch or in the Reserve of any Branch of the Armed Forces of the United States of America, and. Further waives all of his/her/their rights to and under The Soldiers and Sailors Civil Relief Act (SSCRA). LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN. AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. TI 25E-24