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13.4 Late Charges. Lessee hereby acknowledges that late payment by Lessee of Rent will cause Lessor to incur costs not contemplated by this Lease, the exact
<br />amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which maybe
<br />Imposed upon Lessor by any Lender. Accordingly, if any Rent shall not be received by Lessor within 5 days after such amount shall be due, then, without any
<br />requirement for notice to lessee, Lessee shall Immediately pay to Lessor a one-time late charge equal to 10%of each such overdue amount or $100, whichever is
<br />greater. The Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will Incur by reason of such late payment.
<br />Acceptance of such late charge by Lessor shall In no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent the
<br />exercise of any of the other rights and remedies granted hereunder.
<br />advaaca.
<br />13.5 Interest. Any monetary payment due Lessor hereunder, other than late charges, not received by Lessor, when due shall bear Interest from the 31st day
<br />after it was due. The Interest ("Interest") charged shall be computed at the rate of 10%per annum but shall not exceed the maximum rate allowed by law. Interest is
<br />payable in addition to the potential late charge provided for in Paragraph 13.4,
<br />13.6 Breach by Lessor.
<br />(a) Notice of Breach. Lessor shall not be deemed In breach of this Lease unless Lessor falls within a reasonable time to perform an obligation required to
<br />be performed by Lessor. For purposes of this Paragraph, a reasonable time shall in no event be less than 30 days after receipt by Lessor, and any Lender whose name
<br />and address shall have been furnished to Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed;
<br />provided, however, that if the nature of Lessor's obligation is such that more than 30 days are reasonably required for Its performance, then Lessor shall not be in
<br />breach if performance Is commenced within such 30 day period and thereafter diligently pursued to completion.
<br />(b) Performance by Lessee on Behalf of lessor. In the event that neither Lessor nor Lender cures said breach within 30 days after receipt of said notice,
<br />or if having commenced said cure they do not diligently pursue It to completion, then Lessee may elect to cure said breach at Lessee's expense and offset from Rent
<br />the actual and reasonable cost to perform such cure, provided, however, that such offset shall not exceed an amount equal to the greater of one month's Base Rent or
<br />the Security Deposit, reserving Lessee's right to seek reimbursement from Lessor for any such expense in excess of such offset. Lessee shall document the cost ofsaid
<br />cure and supply said documentation to Lessor.
<br />14. Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power
<br />(collectively "Condemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs.
<br />If more than 10% of the Building, or more than 25% of that portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's
<br />option, to be exercised in writing within 10 days after Lessor shall have given Lessee written notice of such taking for in the absence of such notice, within 30 days
<br />after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not
<br />terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base
<br />Rent shall be reduced in proportion to the reduction Inutility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the
<br />property of Lessor, whether such award shall be made as compensation for diminution In value of the leasehold, the value of the part taken, or for severance
<br />damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill
<br />and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations
<br />made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all
<br />compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the
<br />Premises caused by such Condemnation.
<br />35--14 1 Additional 8a-fws.
<br />16. Estoppel Certificates.
<br />(a) Each Party (as "Responding Partyu) shall within 10 days after written notice from the other Parry (the "Requesting Parry") execute, acknowledge and
<br />deliver to the Requesting Partya statement in writing in form similar tothe then most current "Estoppel Certificate" form published BYAIRCRE, plus such additional
<br />information, confirmation and/or statements as may be reasonably requested by the Requesting Parry.
<br />(b) If the Responding Party shall fail to execute or deliver the Estoppel Certificate within such 10 day period, the Requesting Parry may execute an
<br />Estoppel Certificate stating that: (1) the Lease is in full force and effect without modification except as may be represented by the Requesting Parry, (li) there are no
<br />uncured defaults in the Requesting Party's performance, and (III) If Lessor is the Requesting Party, not more than one month's rent has been paid In advance.
<br />Prospective purchasers and encumbrancers may rely upon the Requesting Party's Estoppel Certificate, and the Responding Parry shall he estopped from denying the
<br />truth of the facts contained in said Certificate. In addition, Lessee acknowledges that any failure on Its part to provide such an Estoppel Certifiate will expose Lessor
<br />to risks and potentially cause Lessor to incur costs not contemplated by this Lease, the extent of which will be extremely difficult to ascertain. Accordingly, should the
<br />Lessee fail to execute and/or deliver a requested Estoppel Certificate In a timely fashionLessee essee Shall pay t0 LeS50T a fee Of $500: h�o_.^'hly
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<br />I INITIALS
<br />0019 AIR CRE. All Rights Reserved. Last Edited: 7/13/202010:35 AM
<br />5TN-27.30, Revised 11-25-2019 Page 11 of 16
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