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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 satisfactan of any liability of Lessor with respect to this Lease, and
<br />shall not seek recourse against Lessor's partners, members, directors, officers or sharehalders, or any of their personal assets for such satisfaction.
<br />21. Tlme 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 Othe r Agreem ents; Broker Disdaimer. 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 default or breach hereof by either Party.
<br />23. Notices.
<br />23.1 Notice Requirements. All notices required or permitted by this Lease a applicable law shall be in writing and may be delivered in person (by hand or by
<br />courler) or may be sent by regular, certified of registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission, or by email, and
<br />shall be deemed sufficiently given if served in a manner specified in this Paragraph 23. The addresses noted adjacent to a Party's signature on this Lease shall be that
<br />Party's address for delivery or mailing of notices. Either Party may by written notice to the other specify a different address for notice, except that upon Lessee's
<br />taking posse ssioR of the Premises, the Premises shall constitute Lessee's address for notice. A copy of ail notices to Lessor shall be concurrently transmitted to such
<br />party or parties at such addresses as Lessor may from time to time hereafter designate in writing.
<br />23.2 Date of Notice. Any notice sent by registered of certified mail, return receipt requested, shall be deemed given an the date of delivery shown on the
<br />receipt card, or if no delivery date is shown, the postmark thereon. tf sent by regular mail the notice shall be deemed given 72 hours after the same is addressed as
<br />required herein and mailed with postage prepaid. Notices delivered by United States Express Mail a overnight courier that guarantees next day delivery shall be
<br />deemed given 24 hours after delivery of the same to the Postal Service or courier. Notices delivered by hand, or transmitted by facsimile transmission or by email
<br />shall be deemed delivered upon actual receipt. tf notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day.
<br />24. Waivers.
<br />(a] Na waiver by Lessor of the Default a 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 of Breach by Lessee of the same or of any other term, covenant or condition hereof. Lessoi s consent to,
<br />or approval of, any act shall not be deemed to render unnecessary the obtaining of Lessor's consent to, W approval of, any subsequent or simitar act by Lessee, or be
<br />construed as the basis of an estoppel to enforce the provision or pfovisions of this Lease requiring such consent.
<br />(b) The acceptance of Rent by Lessor shall not be a waiver of any Default of 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 THE TERMS OF THIS LEASE SHAH GOVERN WITH REGARDTO ALL MATTERS RELATED THERETO AND HEREBY WAIVE THE
<br />PROVi510N5 OF ANY PRESENT OR FUTURE STATUTE TO THE EItTENT THAT SUCH STATUTE 15 INCONSISTENT WITH THIS LEASE.
<br />25. Disclosures Regarding The Nature of a Real Estate Agency Relationship.
<br />(a) When entering into a discussion with a real estate agent regarding a real estate transaction, a Lessor or lessee should from the outset understand
<br />what type of agency relatianship or representation it has with the agent a agents in the transaction. Lessor and Lessee acknowledge being advised by the Brokers in
<br />this transaction, as follows?
<br />(i) Lessor'sAaent. A Lessor's agent under a listing agreement with the Lessor acts as the agent for the Lessor only. A Lessor's agent or subagent
<br />has the following affirmative obligations: To the Lessor: A fiduciary duty of utmost rare, integrity, honesty, and loyalty in dealings with the Lessor. To the Lessee and
<br />the Lessor. (a) Diligent exercise of reasonable skills and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to
<br />disclose all facts known to the agent materially affecting the value or desirability of the property that are nat known to, or within the diligent attention and
<br />observation of, the Parties. An agent is not obligated to reveal to either Party any confidentiat information obtained from the other Party which does not involve the
<br />affirmative duties set forth above.
<br />(h) Lessee's Agent An agent can agree to act as agent for the Lessee only. In these situations, the agent is not the Lessoes agent, even if by
<br />agreement the agent may receive compensation for services rendered, either in futt or in part from the Lessor. An agent acting only for a Lessee has the following
<br />affirmative abligatians. To the Lessee: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Lessee. To the Lessee and the Lessor: (a]
<br />Diligent exercise of reasonable skills and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts
<br />known to the agent materially affecting the value or desirability of the property that are nat known to, or within the diligent attention and observation of, the Parties.
<br />An agent is not obligated to reveal to either Party any confidential information obtained from the other Party which does not involve the affirmative duties set forth
<br />above.
<br />(iii] Agent Representing Both Lessor and Lessee. A real estate agent, either acting directly or through one or more associate tic enses, can legally be
<br />the age rrt of both the Lessor and the Lessee in a transaction, but only with the knowledge and consent of both the Lessor and the Lessee. In a dual agency situation,
<br />the agent has the following affirmative obligations to both the Lessor and the Lessee: (a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings
<br />with either Lessor or the Lessee. (b) Other duties to the Lessor and the Lessee as stated above in s u h pa ra graphs (1) or (ii). In representing both Lessor and Lessee, the
<br />agent may nat without the express permission of the respective Party, disclose to the other Party that the Lessor will accept rent in an amount Iess than that indicated
<br />in the listing or that the Lessee is willing to pay a higher rent than that offered. The above duties of the agent in a real estate transaction da not relieve a Lessor or
<br />Lessee from the â–ºesponsibility to protect their own interests. Lessor and Lessee should carefully read all agreement ,to assure that they adequately express their
<br />understanding of the transaction, A real estate agent is a person qualified to advise about real estate. ff legal or tax advice is desired, consult a competent
<br />professional.
<br />(b) Broken have no responsibility with respect to any default or breach hereof by either Party. The Parties agree that no lawsuit or other legal
<br />proceeding involving any breach of duty, error or omission retating to this Lease may be brought against Broker more than one year after the Start Date and that the
<br />liability (including court costs and attorneys' fees), of any Broker with respect to any such lawsuit and/or legal proceeding shall not exceed the fee received by such
<br />Broker pursuant to this Lease: provided, however, that the foregoing limitation an each Broker's liability shall not be applicable to any gross negligence a willful
<br />misconduct of such Broker.
<br />(c) Lessorand Lessee agree to identify to Brokers as "Confidential" any communisation or information given Brokers that is considered by such Party to
<br />be confidential.
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<br />INITIALS Last Edited: 3/14/2024 3:26 PM INITIALS
<br />® 2017 AIR CRE. All Rights Reserved. 5TG-27.20, Revised 11-01-2017
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