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<br />Page | 37 <br />9138-126780\1512539.3 <br />11.8 Conditions Deemed Reasonable. Tenant acknowledges that each of the conditions <br />to a Transfer, and the rights of Lessor set forth in this Article X in the event of a Transfer is a <br />reasonable restriction for the purposes of California Civil Code Section 1951.4. <br />11.9 Waiver by Tenant. Tenant’s waiver of any breach by Lessor of any term, covenant <br />or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the <br />same or any other term, covenant or condition herein contained. <br />11.10 Tenant Covenants and Agreements. All covenants and agreements to be <br />performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant’s <br />sole cost and expenses and without any abatement of Rent. If Tenant shall fail to pay any sum of <br />money, other than Rent required to be paid by it hereunder, or shall fail to perform any other act on <br />its part to be performed hereunder, or to provide any insurance or evidence of insurance to be <br />provided by Tenant within the time period required under this Lease, then in addition to any other <br />remedies provided herein, Lessor may, but shall not be obligated to do so, and without waiving or <br />releasing Tenant from any obligations of Tenant, make any such payment or perform any such act on <br />Tenant’s part to be made or performed as provided in this Lease or to provide such insurance. Any <br />payment or performance of any act or the provision of any such insurance by Lessor on Tenant’s <br />behalf shall not give rise to any responsibility of Lessor to continue making the same or similar <br />payments or performing the same or similar acts. All costs, expenses, and other sums incurred or <br />paid by Lessor in connection therewith, together with interest at the Interest Rate from the date <br />incurred or paid by Lessor, shall be deemed to be Additional Rent hereunder and shall be paid by <br />Tenant within thirty (30) days of receipt of a demand and invoice from Lessor, and Tenant’s failure <br />to pay the Lessor, as stated herein, shall constitute an Event of Default under this Lease. <br />ARTICLE XII <br />HOLDING OVER <br /> <br />If Tenant fails to surrender the Premises and the Improvements as stated herein, and Lessor <br />shall take legal action to cause Tenant’s eviction from the Premises and is successful in such action, <br />Tenant shall be responsible for all costs and expenses, inclu ding reasonable attorney’s fees and costs, <br />incurred by Agency in connection with such eviction action; Tenant shall also indemnify and hold <br />Lessor harmless from all loss or liability or reasonable attorney’s fees and costs, including any claim <br />made by any succeeding tenant, incurred by Agency founded on or resulting from such failure to <br />surrender. <br /> <br />ARTICLE XIII <br />ESTOPPEL CERTIFICATES <br /> <br />At any time and from time to time, within ten (10) business days after written request by <br />either Agency or Tenant (the “requesting party”), the other Party (the “responding party”) shall <br />execute, acknowledge and deliver an estoppel certificate addressed to the requesting party, and/or to <br />such other beneficiary (as described below) as the requesting party shall request, certifying (i) th at <br />this Lease is in full force and effect, (ii) that this Lease is unmodified, or, if there have been <br />modifications, identifying the same, (iii) the dates to which Rent has been paid in advance, (iv) that, <br />to the actual knowledge of the responding party, there are no then existing and uncured defaults <br />under the Lease by either Agency or Tenant, or, if any such defaults are known, identifying the same, <br />and (v) any other factual matters (which shall be limited to the actual knowledge of the responding <br />party) as may be reasonably requested by the requesting party. Such certificate may designate as the <br />EXHIBIT 5