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Lessee fail to execute and/or deliver a requested Estoppel Certificate In a timely fashion, Lessee Shall pay to Lessor 3 fee of $50Q-tha monthly
<br />BasoRant. shall bo automaticallyincreased, without any raquiromant.for notice to Lessee, by-an.amount.Qqualco.10X af the then existing Bate Rent ar $100,
<br />whichever-ls-groates-fos-remainder of the Lease. The Parties agree that such increase In Base Rent represents fair and reasonable compensation for the additional
<br />risk/costs that Lessor will Incur by reason of lessee's failure to provide the Estoppel Certificate. Such Increase In Base Rent-shall in no event constitute a waiver of
<br />Lessee's Default or Breach with respect to the failure to provide the Estoppel Certificate nor prevent the exercise of any of the other rights and remedies granted
<br />hereunder.
<br />(c) If Lessor desires to finance, refinance, or sell the Premises, or arty part thereof, Lessee and all Guarantors shall within 10 days after written notice
<br />from Lessor deliver to any potential lender or purchaser designated by Lessor such financial statements as may be reasonably required by such lender or purchaser,
<br />Including but not limited to lessee's financial statements for the past 3 years. All such financial statements shall be received by lessor and such lender or purchaser In
<br />confidence and shall be used only for the purposes herein set forth.
<br />IT. Definition of Lessor. The term “lessor” as used herein shall mean the owner or owners at the time In question of the fee tttle to the Premises, or. If this Is a
<br />sublease, of the Lessee's Interest in the prior lease. In the event of a transfer of Lessor's title or Interest In the Premises or this Lease, Lessor shall deliver to the
<br />transferee or assignee (In cash or by credit) any unused Security Deposit held by Lessor. Upon such transfer or assignment and delivery of the Security Deposit, as
<br />aforesaid, the prior Lessor shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by the Lessor.
<br />Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Lessor shall he binding only upon the Lessor as hereinabove defined.
<br />18. Severability. The Invalidity of any provision of this Lease, as determined by a court of competent Jurisdiction, shall In no way affect the validity of any other
<br />provision hereof.
<br />19. Days. Unless otherwise specifically Indicated to the contrary, the word “days" as used in this Lease shall mean and refer to calendar days.
<br />20. Limitation on Liability. The obligations of Lessor under this Lease shall not constitute personal obligations of lessor, or Its partners, members, directors, officers
<br />or shareholders, and Lessee shall look to the Premises, and to no other assets of Lessor, for the satisfaction of any liability of Lessor with respect to this Lease, and
<br />shall not seek recourse against Lessor's partners, members, directors, officers or shareholders, or any of their personal assets for such satisfaction.
<br />21. Time of Essence. Time Is of the essence with respect to the performance of all obligations to be performed or observed by the Parties under this Lease.
<br />22. No Prior or Other Agreements; Broker Disclaimer. This Lease contains all agreements between the Parties with respect to any matter mentioned herein, and no
<br />other prior or contemporaneous agreement or understanding shall be effective. Lessor and Lessee each represents and warrants to the Brokers that it has made, and
<br />Is relying solely upon, its own Investigation as to the nature, quality, character and financial responsibility of the other Party to this Lease and as to the use, nature,
<br />quality and character of the Premises. Brokers have no responsibility with respect thereto or with respect to any defaulter breach hereof by either Party.
<br />23~.Notlcos.
<br />32.1 Notice Requirements, All notices required or permitted by this Lease oc.appllcobio law shall be In writing and may be delivered In person (by hand or by
<br />unities) os maybe sent by regular, certified osuogiuasod mail or.U.L. Postal Service Express Mail, with postage prepaid, or by facsimile transmission, or by email, and
<br />shall bo deemed sufficiently given If served.In a manner cpeciiied-iiUhloBaragraph 23.. Thoeddroososmoted adjacent to a-Party:* signature on this lease shall be that
<br />Bartyls addretsfor-dolivery or mailing of-notices, OthosParty may by written notice ta the other specify a different address for-notice,-except Shat-upon Lessea's
<br />taking possession of tha P re mites,.thePaeroisos. shaUcenstUute. Ustoa'i address for notice. Atopy of all notices to Ussor-thall be concurrently transmitted to such
<br />party or -parttas-at euehaddsec«et.as.Uttoemay-from.tlfne to lima hereafter detignaU-io-wtidng.
<br />31.2 Data of Notice. Any notice sent by ragitterad or certified mall, return receipt requested, shall be doomed given on the data of-delivery shown on the-
<br />receipt card, or l(, nod8livarvdate.it thownrtho postmark thereon. If sant by regular-mail tha natlca shall ba doomed given 73 hours after the tamale addressed as-
<br />required herein and mailed with pottage prepaid. Notices daPuarad.by.United States Express-Mall or-overnlghtcourler. that guarantees next-day-dellMBry shall bo
<br />deemed-given 24 hours after delivery ol tha came to the Postal Service or courier. Notitesdellvered by hand, or uacumltted-by facsimile transmission or by email
<br />shall be deemed delivered uponactual receipt. If notice is raceiuedona-Saturdayiiunday-or legal holiday, itihall be deemed received on the next business day.
<br />33.3 Options. Notwithstanding thoforagolng, In order- to exercise any Qptionc(seeq>aragtaph-»8), the Notlce-mustdao cent by Cartlfted-MaiLfroturn receipt
<br />requested). Express Mall (signature-requited), courier (signature requiredjor come other methodology that provide*, a receipt establishing the date tha notice was
<br />received by-theletsos.
<br />24. Waivers.
<br />(a) No waiver by Lessor of the Default or Breach of any term, covenant or condition hereof by Lessee, shall be deemed a waiver of any other term,
<br />covenant or condition hereof, or of any subsequent Default or Breach by Lessee of the same or of any other term, covenant or condition hereof, lessor's consent to,
<br />or approval of, any act shall not be deemed to render unnecessary the obtaining of Lessor’s consent to, or approval of, any subsequent or similar act by Lessee, or be
<br />construed as the basis of an estoppel to enforce the provision or provisions of this Lease requiring such consent.
<br />(b) The acceptance of Rent by Lessor shall not be a waiver of any Default or Breach by Lessee. Any payment by lessee may be accepted by Lessor on
<br />account of monies or damages due Lessor, notwithstanding any qualifying statements or conditions made by Lessee in connection therewith, which such statements
<br />and/or conditions shall be of no force or effect whatsoever unless specifically agreed to In writing by Lessor at or before the time of deposit of such payment
<br />(c) THE PARTIES AGREE THAT THETERMS OF THIS LEASE SHALL GOVERN WITH REGARD TO ALL MATTERS RELATED THERETO AND HEREBY WAIVE THE
<br />PROVISIONS OF ANY PRESENT OR FUTURE STATUTE TO THE EXTENTTHAT SUCH STATUTE IS INCONSISTENT WITH THIS LEASE.
<br />25. —Disclosures Regarding The Nature of a Real Estate Agency Relationship.
<br />(a)—When anUsing-into-a-discussion with a teal estate agent regarding a real estate transaction, a Lessor ar Lessee should fromthe-potto t-un dess tend-
<br />whattype-efaganey relationship er representation It has with the ag9nbot-agoflte.in.the transaction.- lessor-and Lessee acknowledge being advised by the BrokercJn.
<br />this iransactloRrattellews;
<br />ft)—lo<son'«Ao«flt..AJottor.'c.aRant.undar a listing agreement with the Ustor-acls -ar tha aaentfortho Lessor only. A Lessor's agent or subaaent.
<br />has tha following affitmabuoobllwatlonsi-ro thelmon-A-fiduciary duty of.utmost care. Integrity, honesty, and loyalty In dealings with the lessor. To the-Uasseond
<br />the lessor; |a) Diligent exorcise of-reasonable skills and car«-ln performance-of the anent's duties, (b) A duty.of honest and f els dealing and good faith, lei A duty-to.
<br />disclose all facts known to the agent mater tally-affecting tha value ordarirablllty of the property, that-are not-hoown to^oswithinthe. diligent, attenttonand
<br />obsarvattonoh-thQAarttat. An agent It not obligated to reveal toelthes-Party any confidential informatlon-obtalnod-ftorolho other. Party which, does .not involuetho
<br />affirmativo.dutioc.SQt fort tv-above.
<br />INITIALS
<br />© 2019 AIR CRE. All Rights Reserved.
<br />STN-27.30, Revised 11-25-2019
<br />INITIALS
<br />Last Edited; 2/25/20219:53AM
<br />Page 12 of 16
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