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26. No Right To 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 Rent 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 Lessor to 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 tease 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.
<br />30. Subordination; Attomment, 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 Lease together referred to as "Lender')
<br />shall have no liability or obligation to perform any of the obligations of Lessor under this Lease. Any Lender may elect to have this Lease and/or any Option granted
<br />hereby superior to 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 documentation or recordation thereof.
<br />30.2 Attomment. In the event that Lessor transiers title to the Premises, or the Premises are acquired by another 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 remainder of 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 (ii) 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 actor 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 tothe 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 Seff-Executing. The agreements contained in this Paragraph 30 shall be effective without the execution of any further documents; provided, however, that,
<br />upon written request from Lessor or a 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 Premises whether founded in tort, contract or equity, or to declare rights
<br />hereunder, the Prevailing Parry (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees. Such fees may
<br />be awarded 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 />Party" shall include, without limitation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise,
<br />settlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The attorneys' fees award shall not be computed in accordance with
<br />any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably incurred. In addition, Lessor shall be entitled to attorneys' fees, costs and
<br />expenses incurred in the preparation and service of notices of Default and consultations in connection therewith, whether or not a legal action is subsequently
<br />commenced in connection with such Detauh or resulting Breach ($200 is a reasonable minimum per occurrence for such services and consultation).
<br />32. Lessor's Access, Showing Premises; Repairs. Lessor and Lessor's agents shall have the rightto enter the Premises at anytime, in the case of an emergency, and
<br />otherwise at reasonable times after reasonable prior notice for the purpose of showing the same to prospective purchasers, lenders, or tenants, and making such
<br />alterations, repairs, improvements or additions to the Premises as Lessor may deem necessary or desirable and the erecting, using and maintaining 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. Auctions. Lessee shall not conduct, nor permit to be conducted, any auction upon the Premises without Lessor's prior written consent. Lessor shall not be
<br />obligated to exercise any standard of reasonableness in determining whether to permit an auction.
<br />34. Signs. Lessor may place on the Premises ordinary "For Sale" signs at anytime and ordinary "For Lease" signs during the last 6 months of the term hereof. Except
<br />a for ordinary "for sublease" signs, Lessee shall not place any sign upon the Premise4 without Lessor's prior written consent. All signs must comply with all Applicable
<br />Requirements.
<br />35. Termination; Merger. Unless specifically stated otherwise in writing by Lessor, the voluntary or other surrender of this Lease by Lessee, the mutual termination
<br />or cancellation 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 Lessor may elect to continue anyone or all existing subtenancies. Lessor's failure within 10days following any such event to elect to the contrary by
<br />written notice to the holder of any such lesser interest, shall constitute Lessor's election to have such event constitute the termination of such interest.
<br />36. Consents. All requests for consent shall be in writing. Except as otherwise provided herein, wherever in this Lease the consent of a Party is required to an act by
<br />or for the other Party, such consent shall not be unreasonably withheld or delayed. Lessor's actual reasonable costs and expenses (including but not limited to
<br />architects, attorneys, engineersand other consultants' fees) incurred in the consideration of, or response to, a request by Lessee for any Lessor consent, including
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<br />INITIALS Last Edited: 3/15/2021 4:52 PM INITIALS
<br />© 2017 AIR CRE. All Rights Reserved. STG-27.20, Revised 11-01-2017
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