|
It) Lessor and Lessee agree to identify m Brokers as"Confidential^any comro,odman or information
<br />be mnfidemal. given Brokers that Is considered by such Partyio
<br />2G NO RightTO Held.. Lessee has an night o semi. possession of the Premiae5 or arty pan thereof beyond the expiation er termination of this lease. In
<br />event that Lessee holds over, then the Base Rent shall be increased m Z(rSf Of the Base Rent applicable immediately prereding the expiatlon or termination.
<br />NaWover Base pent shall be alcutatetl an monthly basis. Nothing mntaMed herein shall be canA.Uetl as consent by lessorto arryholtlingover by Lessee.
<br />27. Cumulative Remedies. No remedy or election hereunder shall be deemed evc]usive but shall, wherever Possible, be cumulative withal] other m,d,m,,aw or
<br />in equally.
<br />28. Ctuerants ate[ondieans:Corssvuctian aFAgreemenL All poglanso(this Lease to be thirteen or performed by Lesseeam both covenants and courpians.
<br />In construing this Lease, all headings and titles are for the convenience of the Parties Only and shall Trot he considered a part of this Lease. Wherever reunited by the
<br />context, the Simon.. shall include the plural and dce versa. This tease shall not be constmed as ff prepared by one often Parties, but mtheraccoming m its fair
<br />meaning as a whole, as if both Parties had prepared it.
<br />n- Binding Effeet;tl Pico of Law, This Lease shall be binding upon the Parties, their persona] representatives, successors andassigns and be governed bythe laws
<br />aline State in which the Premises amfoated. Any litigation between the Parties hereto concerning this Lease shall be initiated in fire county in which the Premises
<br />are located.
<br />3a. SuboMinabem AtmmmeM; Non -Disturbance.
<br />30.1 Sub er inatbn. This Lease and any Option granted hereby limit be subject and subordinate to tarry grouts lease, mortgage, deed of trust, Or other
<br />hypotheamn or security device (mikdively, "Security Deyice^), now, hereafter Placed upon the Premises, to any and alladyances made on Nesemdty thereof,
<br />anal to tag renewals, mediigdous, and extensions thereof. Lessee agrees that he holders of any such Security Devkes(in this Lease together related to as 'Lowder")
<br />shag have nO liability Or Obligation to Perform any Of the obiigaeom oftessor under this Lease. Arty Leona, may elect to have this Lease and/Or any Option Boned
<br />hereby superior m the lien of its Security Device by giving written notice thereof to lessee whereupon this lease and such Options shall be deemed prior to such
<br />Security Device, notwithstanding the relative dates of the dowmentagon or recordation thereof,
<br />30.2 ANommen, In the event that Lessor transfers tine to the Premises, or the Premises are acquired by another Winn the foreclosure or termination of a
<br />security Device to which this Lease is subordinated (i) Lessee shalt, subject to the iron-0isturbance provision of paragraph m,3, attarn m such new owner, and upon
<br />request enter into a new lease, containing all of the terms and Provisions Of this Lease, with such new owner for the remainder of the mire hereof, or at the election
<br />ofthe new cone, this tease will aummaUalty he. a new lease between Lessee and such new owner, and fiil lessor shall thereafter be relieved of any further
<br />obligations hereunder and such new owner shall assume all of Lessor's obligations, except that such new owner shall not hi he liable for arty ad or omission of any
<br />Prior lessor or with respect m events occurring prior m acquisition of Ownership; (b) be sublert to any offsets or defenses which Lessee might have against any After
<br />lesson (c) be bound by prepayment of mere than one mordh's rent, Or (d) he liable for the return of any security deposit paid to any prior lessor which was not paid or
<br />credited to such crew owner.
<br />30.3 Ham-Oistmbarrce. With respect to Security Devices entered into by Lessor after the execution of this Lease, Lessee's subordination of this Lease Shall hi
<br />Subject to receiving a co namuct lty reasonable man -disturbance agreement (a wleam-DBturbanca Agreement") from the tender which Non tagnabsom Agreement
<br />Provides that Lessee's oSomen effe Premises, and this Lease, including any options to extend the term hereof, will nut be disturbed sa long as Lessee is net in
<br />0reach hereof and attoms m the record Owner Of the Premises. Further, within 60 days after theexecrNon ofthu Lease, Lessorshail, RrequeAed bylessee, use its
<br />commercially reasonable efforts to Obtain a Non Disturbance Agreement from the holder of any pre-existing Security Device which is secured try the Premises. little
<br />event that Lessor is unable m provide the Nan -Disturbance Agreement within said W days, then Lessee may, at too.', opfian, threat, contact tender and among
<br />to negOUale forme execunan and delivery afa Nary Disturbance Agreement.
<br />30.4 Sea -Executing. The agreements contained in this Paragraph 30 shall be eg etwo without the execution Of i nyfurtherdocumems; provided, however, that,
<br />upon written request from Lessor Ora Lender in connection with a sale, financing or rebrandng ofthe Premises, Lessee and Lessor shall execute Such further writings
<br />asmay be reasonably required to separately document any subordination, atmrnment ani Non-Dbturbance, Agreement provided to, herein.
<br />31. ANOmeys'Poes. If any Party or Broker brings an action or proceeding owinving the Premises whether founded in tort, contact or equity, or to declare rights
<br />hereunder, the Pr walfiva Party 1. hereafter deBnedl in any suds Proceeding, action, frappe-] thereon, shall be entitled to reasonable attorneys' fees. So& lees may
<br />be awarded in the same suit or recovered in asepe ate suit, whetheror not Such action or promoting is pursued Indecision or judgment. The term, "Prevailing
<br />Party" shall include, without limitation, a Party Or Bmker who substantially obtains or defeats the relief sought, as me case may be, whu lud Iff compromise,
<br />settlement, ludgmenq or the abandonment by the other Party or Broker of its claim of defense. The attorneysfees award shall not be computed in accordance with
<br />any wart fee xhedule, butshall be surfs as in fully reimburse all atmmeys' fees mosonably incurred. In addamr, Lessor shall be entitled mattorneys fees, costs and
<br />expenses incurred in the prepaatlan and service eFo.di of Default and cansultabuns in connection therewith, whether or net a legal action is subsequently
<br />commenced In connection with such Detiultor resulting Breach f$200 is a reasonable minimum permcumence must, services and conSWunon).
<br />32. lessm's Access; Showing Premises; Repairs. Lesmrand Lessor's agentssM1all have the right ro enter the Ptemhes at any time, in the case a an emergency, anti
<br />otherwise at reasonable times alter reasonable prior notice for the purpose ofshowing the Same pmspefth a purchasers, lenders, ortam nts, and making such
<br />-iterations, repola, irmayemeum or umnion, to the Premises as Lessor may deem necessary m desirable and the erecting, using a ad maraining Of utilities,
<br />services, pipes and conduits through the Premises and/or other premises as long as there is no material adverse effect on Lessee's use of the Premises. All such
<br />activities shall be without abatement of rent Or liability to lessee.
<br />33. Auctlats. Lessee shall net conduct, nor somet to be conducted, any auction Upon the Premises without Lessors prior written comsenL Lessor shall not be
<br />oWife bad m exercise any standard of reasonableness in deter mining whether to Permit an auction.
<br />M. Sign. Lessor may place on the Premises ordinary"Por Sak' signs at any Ume and Ordinary°For tease" signs during the last 6 months of the term hereaf. Except
<br />formilyi "for sublease" signs, Lesme Shall no PeCe arwsign Upon the Premises witimmlemors pmarwrRte, consent All signs mustcomply with all Applicable
<br />Ro,irements.
<br />3S. Termimadtn)Mergec Unliesspecifially gated otherwisom wntingby Leasoq thevolunfary probe, sumenderofthis tease by Lessee themutual Seminar.
<br />Or arreilimm hereof, or a termination hereof by lessor for Breach by Lessee, shall automatically terminate any sublease or lesser estate in the Premises; provided,
<br />however, that Lessarmayeleatocammon anyone oral) egmingsubmearrunes, Lessors failure within mdays milamng any such event to elect to the contrary by
<br />written notice to the belderofany such lesser interest, shall constitute Lesmr'selecmn to have such Paummmirtute the ruminator, Of such imerest.
<br />38. fan Allrequesisfornmeentshallbeinwrfing. UmPtasotherwise idedhmein,whereverinthisteasetheconsentafaPanytsmquired to an Ott by
<br />Page 13 of 16
<br />ftiALS tact Edited: 3/18/2020 6:28 PM'INITIALS
<br />02017 AIR CRE. All Rights Reserved. STG-27.20, Revised 11,01-2017
<br />
|