|
but not limited to consents to an assignment, a subletting or the presence or use of a Hazardous Substance, shall be paid by Lessee upon receipt of an invoice and
<br />supporting documentation therefor. Lessor's consent to any act, assignment or subletting shall not constitute an acknowledgment that no Default or Breach by Lessee
<br />of this Lease exists, nor shall such consent be deemed a waiver of any then existing Default or Breach, except as may be otherwise specifically stated in writing by
<br />Lessor at the time of such consent. The failure to specify herein any particular condition to Lessor's consent shall not preclude the imposition by Lessor at the time of
<br />consent of such further or other conditions as are then reasonable with reference to the particular matter for which consent is being given. In the event that either
<br />Party disagrees with any determination made by the other hereunder and reasonably requests the reasons for such determination, the determining party shall furnish
<br />its reasons in writing and in reasonable detail within 10 business days following such request.
<br />37. Guarantor.
<br />37.1 Execution. The Guarantors, if any, shall each execute a guaranty in the form most recently published BY AIR CRE.
<br />37.2 Default. It shall constitute a Default of the Lessee if any Guarantor fails or refuses, upon request to provide: (a) evidence of the execution of the guaranty,
<br />including the authority of the party signing on Guarantor's behalf to obligate Guarantor, and in the case of a corporate Guarantor, a certified copy of a resolution of its
<br />board of directors authorizing the making of such guaranty, (b) current financial statements, (c) an Estoppel Certificate, ar(d) written confirmation that the guaranty is
<br />still in effect.
<br />38. Quiet Possession. Subject to payment by Lessee of the Rent and performance of all of the covenants, conditions and provisions on Lessee's part to be observed
<br />and performed under this Lease, Lessee shall have quiet possession and quiet enjoyment of the Premises during the term hereof.
<br />39. Options. If Lessee is granted any Option, as defined below, then the following provisions shall apply.
<br />39.1 Definition. "Option" shall mean: (a) the right to extend or reduce the term of or renew this tease or to extend or reduce the tens of or renew any lease
<br />that Lessee has on other property of Lessor; (b) the right of first refusal or first offer to lease either the Premises or other property of Lessor; (c) the right to purchase,
<br />the right of first offer to purchase or the right of first refusal to purchase the Premises or other property of Lessor.
<br />39.2 Options Persomil To Original Lessee. Any Option granted to Lessee in this Lease is personal to the original Lessee, and cannot be assigned or exercised by
<br />anyone other than said original Lessee and only while the original Lessee Is in full possession of the Premises and, if requested by Lessor, with lessee certifying that
<br />Lessee has no intention of thereafter assigning or subletting.
<br />39.3 Multiple Options. In the event that Lessee has any multiple Options to extend or renew this Lease, a later Option cannot be exercised unless the prior
<br />Options have been validly exercised.
<br />39.4 Effect of Default on Options.
<br />(a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said
<br />Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (Ili) during the time Lessee is in Breach of
<br />this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period
<br />immediately preceding the exercise of the Option.
<br />(b) The period of time within which an Option maybe exercised shall not be extended or enlarged by reason of Lessee's inabilitytoewrcise an Option
<br />because of the provisions of Paragraph 39.4(a).
<br />(c) An Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, i,, after such exercise
<br />and prior to the commencement of the extended term orcompletion of the purchase, (i) Lessee fails to pay Rent for a period of 30 days after such Rent becomes due
<br />(without any necessity of Lessor to give notice thereof), or (ii) if Lessee commits a Breach of this Lease.
<br />40. Multiple Buildings. If the Premises are a part of a group of buildings controlled by Lessor, Lessee agrees that it will abide by and conform to all reasonable rules
<br />and regulations which Lessor may make from time to time for the management, safety, and care of said properties, including the care and cleanliness of the grounds
<br />and including the parking, loading and unloading of vehicles, and to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide and
<br />conform. Lessee also agrees to pay its fair share of common expenses incurred in connection with such rules and regulations.
<br />42. Security Measures. Lessee hereby acknowledges that the Rent payable to Lessor hereunder does not include the cost of guard service or other security
<br />measures, and that Lessor shall have no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection of the Premises, Lessee, its
<br />agents and invitees and their property from the acts of third parties.
<br />42. Reservations. Lessor reserves to itself the right, from time to time, to grant, without the consent or joinder of Lessee, such easements, rights and dedications
<br />that Lessor deems necessary, and to cause the recordation of parcel maps and restrictions, so long as such easements, rights, dedications, maps and restrictions do
<br />not unreasonably interfere with the use of the Premises by Lessee. Lessee agrees to sign any documents reasonably requested by Lessor to effectuate any such
<br />easement rights, dedication, map or restrictions.
<br />43. Performance UnderProtest if at anytime a dispute shall arise as to any amount orsum of money to be paid by one Party to the other under the provisions
<br />hereof, the Parry against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be
<br />regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that there
<br />was no legal obligation on the part of said Parry to pay such sum or any part thereof, said Parry shall be entitled to recover such sum or so much thereof as it was not
<br />legally required to pay. A Parry who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its right to
<br />protest such payment.
<br />44. Authority; Multiple Parties; Execution
<br />(a) If either Party hereto is a corporation, trust, limited liability company, partnership, or similar entity, each individual executing this Lease an behalf of
<br />such entity represents and warrants that he or she is duly authorized to execute and &fiver this Lease on its behalf Each Party shall, within 30 days after request,
<br />delver to the other Party satisfactory evidence of such authority.
<br />(b) If this Lease is executed by more than one person or entity as "Lessee", each such person or entity shall be jointly and severally liable hereunder. It is
<br />agreed that anyone of the named Lessees shall be empowered to execute any amendment to this Lease, or other document ancillary thereto and bind all of the
<br />named Lessees, and Lessor may rely on the same as if all of the named Lessees had executed such document.
<br />(c) This Lease maybe executed by the Parties in counterparts, each of which shall be deemed an original and all of which together shall constitute one
<br />and the same instrument
<br />45. Conflict Any conflict between the primed provisions of this Lease and the typewritten or handwritten provisions shall be controlled bythe typewritten or
<br />handwritten provisions.
<br />Page 14 of 16 �—
<br />AMA Last Edited: 3/15/20214:52 PM INITIALS
<br />9 2017 AIR CRE. All Rights Reserved. 5TG-27.20, Revised 11-01-2017
<br />
|