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<br />26. No RlghtTo Holdover. Lessee has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. In the
<br />event that Lessee holds over, then the Base Pent shall be Increased to 150% of the Base Rent applicable immediately preceding the expiration or termination.
<br />Holdover Base Rent shall be calculated on monthly basis. Nothing contained herein shall be construed as consent by Lessorto any holding over by Lessee.
<br />27. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or
<br />In equity.
<br />28. Covenants and Conditions; Construction of Agreement. All provisions of this Lease to be observed or performed by Lessee are both covenants and conditions.
<br />In construing this Lease, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Lease. Whenever required by the
<br />context, the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one of the Parties, but rather according to Its fair
<br />meaning as a whole, as if both Parties had prepared it.
<br />29. Binding Effect; Choice of taw. This Lease shall be binding upon the Parties, their personal representatives, successors and assigns and be governed by the laws
<br />of the State in which the Premises are located. Any litigation between the Parties hereto concerning this Lease shall be initiated in the county in which the Premises
<br />are located. Signatures to this Lease accomplished by means of electronic signature or similar technology shall be legal and binding.
<br />30. Subordination; Attornment; Non -Disturbance.
<br />30.1 Subordination. This Lease and any Option granted hereby shall be subject and subordinate to any ground lease, mortgage, deed of trust, or other
<br />hypothecation or security device (collectively, "Security Device"), now or hereafter placed upon the Premises, to any and all advances made on the security thereof,
<br />and to all renewals, modifications, and extensions thereof. Lessee agrees that the holders of any such Security Devices (in this Leasetogether referred to as "Lender")
<br />shall have no liability or obligation to perform any of the obligations of Lessor underthis lease. Any Lender may elect to have this Lease and/or any Option granted
<br />hereby superior to the lien of its Security Device bygiving 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 documentation or recordation thereof.
<br />30.2 Attornment. In the event that Lessor transfers title to the Premises, or the Premises are acquired byanother upon the foreclosure or termination of a
<br />Security Device to which this Lease is subordinated (i) Lessee shall, subject to the non -disturbance provisions of Paragraph 30.3, attorn to 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 remalnderof the term hereof, or, at the election
<br />of the new owner, this Lease will automatically become a new lease between Lessee and such new owner, and (li) 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: (a) be liable for any act or omission of any
<br />prior lessor or with respect to events occurring prior to acquisition of ownership; (b) be subject to any offsets or defenses which Lessee might have against any prior
<br />lessor, (c) be bound by prepayment of more than one month's rent, or (d) be liable for the return of any security deposit paid to any prior lessor which was not paid or
<br />credited to such new owner.
<br />30.3 Non -Disturbance. With respect to Security Devices entered into by Lessor after the execution of this Lease, Lessee's subordination of this Lease shall be
<br />subject to receiving a commercially reasonable non -disturbance agreement (a "Non -Disturbance Agreement") from the Lender which Non -Disturbance Agreement
<br />provides that Lessee's possession of the Premises, and this Lease, including any options to extend the term hereof, will not be disturbed so long as Lessee is not in
<br />Breach hereof and attorns to the record owner of the Premises. Further, within 60 days after the execution of this Lease, Lessor shall, if requested by Lessee, use Its
<br />commercially reasonable efforts to obtain a Non -Disturbance Agreement from the holder of any pre-existing Security Device which is secured by the Premises. In the
<br />event that Lessor is unable to provide the Non -Disturbance Agreement within said 60 days, then Lessee may, at Lessee's option, directly contact Lender and attempt
<br />to negotiate for the execution and delivery of a Non -Disturbance Agreement.
<br />30.4 Self -Executing. The agreements contained in this Paragraph 30 shall be effective without the execution of anyfurther documents; provided, however, that,
<br />upon written request from Lessor ora Lender in connection with a sale, financing or refinancing of the Premises, Lessee and Lessor shall execute such further writings
<br />as may be reasonably required to separately document any subordination, attornment and/or Non -Disturbance Agreement provided for herein.
<br />31. Attorneys' Fees. If any Party or Broker brings an action or proceeding Involving the Premiseswhether founded in tort, contractor equity, orto declare rights
<br />hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees. Such fees may
<br />be a ed In the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term, "Prevailing
<br />INI INITIALS
<br />© 2019 AIR CRE. All Rights Reserved. Last Edited: 7/13/202010:35 AM
<br />STN-27.30, Revised 11-25-2019 Page 13 of 16
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