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(ii)—Agent, On agent-can-agraalo act at iiwUjot-lhtt-Uuaa only. In theta tituatlont. the aaeaUt-nol the Imim'i aaaiU.avaa.lf.hu.
<br />agraamant the-agent may receive compensation lot torvlcet rendered, either In full or |» part from the letter. An agent acting only tar a Lattea hat tha following
<br />affirmative abliBatient. lb thelettet: A fiduciary dutyof utmcaUarei-inMRtiiv, honottwand. loyalty In doallnat witMha Lectae. To tha Leueeond tha Letter; M-
<br />MigawUnwalta-aUaatwnble dUIU-and aare.loperfetmante o( tha agent's duties. (b) A duty of honesund fair-dealing and goad faith. ■ (c) A duty to ditciote all facte
<br />known to the agant-roatarlally affecting tha ualueor detlrabilityef tha property that-aronat known to, or within lha diligent attention and obtaruattonofitha Partlat.
<br />Anegant it not obligated to (avail to either Party any confidential information obtained ftomlha other Patty which boat not involve thaofflrmatlva4Mtlat tetforth
<br />Wii—Agent Reeretenting Both-Uttar ondiertee.-A-reol ettale aeant. either actlnn directlyerthrouahona.ar.moraautomateIjcanm. can leaaily hn
<br />iha-aaant of both thalaitnrand tha Iaciaa.ia.a_trannrfinnl hut only rullhtha Imnwlaripa inilrnnunt nllmili tha I «nn..a<ul nialmm in 3 Hull
<br />lha agent hat the, following affirmative obllgationt to both the Utter and tha Lattaai (a) A fiduciary duty of utmottcata, Integrity, honesty anti loyalty in the dealings
<br />with either, letter or tha Lattea. (bLCnhat-dutiat to tha tnuor-and-tho Lattea at Hated above In tubparagtepht-fflerfli). In tapteionHng both-Uttot. and Lotteo,. the
<br />agent may not, wilhoutthaexptett permit! ton oUhe-retpetiive Party, ditciote to the QtherParty confidential inlormatlon, Including, but oat limited to^aele relatlng
<br />to either. Uttae'tor Utior't financial petition, -motlvationii bargaining pottoon, Of other partocul Information that maylmpact rant. Including leKorie.wilHagnett.to
<br />aeeegta rent law than the luting rent or laciae't wllllngnatt to pay rent greater thanlha rant offered Theabouedutiei o( the agent In a real aetata trantaetion do
<br />not relieve a Utter er lettee from the ratponcibililyto protect their awn InleretU ■ tetter and Lattea thould-cacaiuily read all agreamenteAo.aeiora that they
<br />adoquatelye«procc4hoimndetttanding elihe Irani action. A realottate agent it a poteen qualified to advico about realettate. It legal or an advice it detiredrcontuit
<br />a competent prafattional. Both lotto* and lattea ihould- ttrongly contldar obtaining Uxedvke from-a competent prolattlonal became tha federal-and elate tax
<br />contequentet el a tramaetion tan be complex and tubjoct to change.
<br />W4—Brokert have no responsibility with retpecMo anydafautt or-breach-hereof by either early. Tha Partet agreo thatno lawtult or ether legal
<br />proceeding involving any breath of duty-artoror-omlMton-relatmato thit laatemaybebrooght againtt Broker mote than one year after the tun Dale and that the
<br />liability (including court cottcand attotnaytMeet), ot any Broker wlth respect to any tuch lawiuil and/or legal proceeding shall not exceed the fee received by tuch
<br />Brokerpurtgant tofhic Leatai prowidad, however, that the.loregoing limitation.oneach Breker't liabilityshall not be applieeble to any groat negligence or willful
<br />nalKonduet ot tuch Broker.
<br />W—Lattonand Uttae agree to identify te Brokert at “Confidential* any eoreniunlcallon or-lnformatlon flluan Brokert that jaeonaldered by tuth Party to
<br />hnrnnfiriintial.
<br />| 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 Lease 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 Law. This Lease shall be binding upon the Parties, their personal representatives, successors and assigns and be governed bythe 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. Signatures to this Lease accomplished by means of electronic signature or similar technology shall be legal and binding.
<br />30. Subordination; Attornment; 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 Oevice, notwithstanding the relative dates of the documentation or recordation thereof.
<br />30.2 Attornment. In the event that Lessor transfers title to the Premises, orthe Premises are acquired by another upon the foreclosure or termination of a
<br />Security Device to which this Lease Is subordinated (I) Lessee shad, subject to the non-disturbance provisions of Paragraph 303, attorn to such new owner, and upon
<br />request, enter Into a new lease, containing aHof 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 />obllgadons hereunder and such new owner shall assume all of Lessor's obligations, except that such new owner shall not: (a) be liable for any act or 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 />303 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 b commercially reasonable non-disturbance agreement (a "Non-Disturbance Agreement") from the Lender which Non-Olsturbance 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 to the record owner of the Premises. Further, within GO days after the execution of this Lease, Lessor shall, if requested by Lessee, use Its
<br />commercially reasonable efforts to obtain a Non-Olsturbance 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 Self-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 />hereupder, the Prevailing Party (as hereafter defined) many such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees. Such fees may
<br />INITIALS
<br />© 2019 AIR CRE. All Rights Reserved.
<br />STN-27.30, Revised 11-25-2019
<br />INITIALS
<br />Last Edited: 2/25/20219:53 AM
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