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be awarded In the same suit or recovered In a separate suit, whether or not such action or proceeding Is pursued to decision or judgment. The term, "Prevailing
<br />Party" shall Include, without limitation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise,
<br />settlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The attorneys' fees award shall not be computed in accordance with
<br />any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably Incurred. In addition, Lessor shall be entitled to attorneys' fees, costs and
<br />expenses Incurred In the preparation and service of notices of Default and consultations In connection therewith, whether or not a legal action Is subsequently
<br />commenced in connection with such Default or resulting Breach ($200 Is a reasonable minimum per occurrence for such services and consultation).
<br />32. Lessor's Access; Showing Premises; Repairs. Lessor and Lessor's agents shall have the right to enter the Premises at any time, In the case of an emergency, and
<br />otherwise at reasonable times after reasonable prior notice for the purpose of showing the same to prospective purchasers, lenders, or tenants, and making such
<br />alterations, repairs, Improvements or additions to the Premises as lessor may deem necessary or desirable and the erecting, using and maintaining of utilities,
<br />services, pipes and conduits through the Premises and/or other premises as long as there Is no material adverse effect on Lessee's use of the Premises. All such
<br />activities shall be without abatement of rent or liability to Lessee.
<br />33. Auctions. Lessee shall not conduct, nor permit to be conducted, any auction upon the Premises without Lessor's prior written consent. Lessor shall not be
<br />obligated to exercise any standard of reasonableness in determining whether to permit an auction.
<br />34. Signs. Lessor may place on the Premises ordinary “For Sale" signs at any time and ordinary "For Lease" signs during the last 6 months of the term hereof. Except
<br />for ordinary “for sublease" signs, Lessee shall not place any sign upon the Premises without Lessor's prior written consent. All signs must comply wtth all Applicable
<br />Requirements.
<br />33. Termination; Merger. Unless specifically stated otherwise in writing by Lessor, the voluntary or other surrender of this Lease by Lessee, the mutual termination
<br />or cancellation hereof, or a termination hereof by Lessor for Breach by Lessee, shall automatically terminate any sublease or lesser estate In the Premises; provided,
<br />however, that Lessor may elect to continue anyone or all existing subtenancies. Lessor's failure within todays following any such event to elect to the contrary by
<br />written notice to the holder of any such lesser interest, shall constitute Lessor's election to have such event constitute the termination of such interest.
<br />36. Consents. All requests for consent shall be In writing. Except as otherwise provided herein, wherever in this Lease the consent of a Party Is required to an act by
<br />or for the other Party, such consent shall not be unreasonably withheld or delayed. Lessor's actual reasonable costs and expenses (Including but not limited to
<br />architects', attorneys', engineers' and other consultants' fees) Incurred In the consideration of, or response to, a request by Lessee for any lessor consent, including
<br />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 shat 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 CUE, and each such Guarantor shall have the
<br />same obligations as Lessee under this Lease.
<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, or (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 havequlet 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 Lease or to extend or reduce the term 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 Personal 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), (ill) 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 may be exercised shall not be extended or enlarged by reason of Lessee's Inability to exercise 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, If, after such exercise
<br />and prior to the commencement of the extended term or completion of the purchase, (I) Lessee fellstopay 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 area 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 />. Lessee also agrees to pay Its fair share of common expenses Incurred In connection with such rules and regulations.
<br />INITIALS
<br />©2019 AIR CRE. All Rights Reserved.
<br />STN-27.30, Revised 11-25-2019
<br />INITIALS
<br />last Edited: 2/25/2021 9:53 AM
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