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Lessor the full amount of such $500,000.00 in immediately available funds on or before the date that is <br />eleven (11) days after the Outside Vacancy Date. If Lessee fails to make such payment to Lessor by such <br />date, then Lessor shall be entitled to immediately file the Judgment Documents (defined below) with the <br />Superior Court of California County of Orange and obtain a judgment against Lessee as set forth in the <br />Judgment Documents and the form of the Judgment attached to the Separate Agreement (defined below), <br />including as is necessary, by ex parte application without notice to Lessee. Should the Judgment Documents <br />be rejected by the Clerk of the Court for any reason, or should the Court decline to enter judgment in <br />Lessor's favor on such documents, then Lessee will fully cooperate in providing Lessor, or the Court, with <br />such different or additional documents as may prove necessary in order to have the judgment entered, <br />consistent with the purposes of this Addendum and the Separate Agreement and to effectuate the relief <br />provided for in the Judgment Documents. Lessor may then record and enforce the judgment against Lessee <br />in the manner and to the extent allowed by law. The Judgment Documents shall be for $500,000.000, plus <br />interest on such amount accruing from the Outside Vacancy Date through and until the date the Judgment <br />is filed at a rate of the maximum legal rate, plus costs and attorneys' fees actually incurred by Lessor in <br />Filing the Judgment Documents and obtaining the Judgment. Within ten (10) days after Lessee completes <br />performance of all of its obligations under this Addendum and the Separate Agreement, vacates the <br />Premises as set forth herein and closes the Shelter, and if applicable, has removed all property from the <br />Premises during the Personal Property Removal Period, Lessor shall deliver the original un-filed <br />Confession of Judgment and Supporting Declaration to Lessee's attorneys. As used herein, "Judgment <br />Documents" means the Confession of Judgment and Supporting Declaration, as such terms are defined in <br />a separate agreement between Lessor and Lessee (the "Separate Agreement"). In addition, Lessor shall be <br />entitled to keep and retain the Security Deposit in the event of an Uncured Failure to Vacate. <br />51. Lessor's Obligations. Notwithstanding anything to the contrary set forth in the Lease, <br />except as provided in Section 55 below, neither Lessor nor Lessee shall (a) be required to remediate or <br />rectify any present or future non-compliance with governmental regulations, (b) be required to provide <br />ADA upgrades to the Premises, Building, Common Areas or the Project, (e) be required to make or incur <br />any capita[ expenditures or commence or complete any remediation of Hazardous Substances or any non- <br />compliance with governmental regulations,(d) be required to make any repairs, improvements or <br />replacements to the Premises, the Building, the Common Areas or the Project required by any governmental <br />regulations now enacted or enacted after the Commencement Date and (e) be required to repair or replace <br />any electrical, sprinkler, plumbing, refrigeration, HVAC or other such Building Systems, or to make any <br />repairs to replacements structural in nature or to the foundations, windows or roof (provided however, that <br />in the case of emergency or that Lessor (or the City of Santa Ana), in its reasonable judgment, deems any <br />uncorrected repair or replacement poses danger or potential danger of imminent harm to persons or <br />property, Lessee shall take immediate steps to eliminate such danger or harm, including, without limitation, <br />the commencement of such necessary repairs or replacement); provided, further, however, the foregoing is <br />not intended to and shall not impose upon Lessee any obligation to remediate any Hazardous Substances <br />located on the Premises prior to the Commencement Date unless such remediation is required with any <br />work, improvements or Alterations made or being made by Lessee to the Premises. Additionally, <br />notwithstanding anything to the contrary set forth in the Lease, Lessor shall have no obligation to repair or <br />replace any electrical, sprinkler, plumbing, refrigeration, HVAC or other such Building Systems, or to make <br />any repairs or replacements structural in nature or to the foundations, windows or roof, it being the intent <br />of the parties that Lessor shall not be required to make any repairs, improvements or replacements to the <br />Premises, the Building or the Project arising from any cause whatsoever, all such obligations and <br />responsibilities being that of Lessee, but only to the extent set forth above. Lessee shall be responsible to <br />pay for all utilities, sewer charges and any roof repairs caused by Lessee's use or misuse of the roof. Lessee <br />shall properly insure the Premises and all of Lessee's and its guests' and invitees' personal property. <br />52. Utilities/Landscaping. Notwithstanding anything to the contrary set forth in the Form <br />Lease or elsewhere in this Addendum, the parties acknowledge that the Premises and the Building are not <br />2 <br />13013641,1149581.00004 <br />