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a monthly rental rate of Ten Thousand Dollars ($10,000) ("Hold Over Rent"), increased annually
<br />commencing with commencement of the hold over period by an amount equal to three percent
<br />(3%) for each year of the Term. If Tenant fails to surrender the Premises and the Improvements
<br />as stated herein, and Lessor shall take legal action to cause Tenant's eviction from the Premises
<br />and is successful in such action, Tenant shall be responsible for all costs and expenses, including
<br />reasonable attorney's fees and costs, incurred by Lessor in connection with such eviction action;
<br />Tenant shall also indemnify and hold Lessor harmless from all loss or liability or reasonable
<br />attorney's fees and costs, including any claim made by any succeeding tenant, incurred by Lessor
<br />founded on or resulting from such failure to surrender.
<br />ARTICLE XIII
<br />ESTOPPEL CERTIFICATES
<br />13.1 At any time and from time to time, within ten (10) business days after written
<br />request by either Lessor or Tenant (the "requesting party"), the other Party (the "responding
<br />party") shall execute, acknowledge and deliver an estoppel certificate addressed to the requesting
<br />party, and/or to such other beneficiary (as described below) as the requesting party shall request,
<br />certifying (i) that this Lease is in fill force and effect, (ii) that this Lease is unmodified, or, if there
<br />have been modifications, identifying the same, (iii) the dates to which Rent has been paid in
<br />advance, (iv) that, to the actual knowledge of the responding party, there are no then existing and
<br />uncured defaults under the Lease by either Lessor or Tenant, or, if any such defaults are known,
<br />identifying the same, and (v) any other factual matters (which shall be limited to the actual
<br />knowledge of the responding party) as may be reasonably requested by the requesting party. Such
<br />certificate may designate as the beneficiary thereof the requesting party, and/or any third party
<br />having a reasonable need for such a certificate (such as, but not limited to, a prospective purchaser,
<br />transferee or lender) and any such certificate may be relied upon by the Parties.
<br />ARTICLE XIV
<br />FORCE MAJEURE
<br />14.1 Unless otherwise specifically provided herein, the period for performance of any
<br />nonmonetary obligation by either Party shall be extended by the period of any delay in
<br />performance caused by Acts of God, strikes, boycotts, lock -outs, inability to procure materials not
<br />related to the price thereof, failure of electric power, riots, civil unrest, acts of terrorism,
<br />insurrection, war, declaration of a state or national emergency, weather that could not have
<br />reasonably been anticipated, changes in the Laws which would prevent the Premise from being
<br />operated in accordance with this Lease, or other reasons beyond the reasonable control of Lessor,
<br />Tenant, or their respective agents or representatives (collectively, "Force Majeure Events"). In
<br />no event, however, shall Force Majeure Events include the financial inability of a Party to this
<br />Lease to pay or perform its obligations hereunder. Further, nothing herein shall extend the time
<br />for performance of any monetary obligation owing under this Lease (including Tenant's obligation
<br />to pay Rent owing hereunder).
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