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Is. pays. 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 Liablifty. The obligations of Lessor under this Lease shall not constitute personal obligations of Lessor, or its partner, members, directors, officer -
<br />or shareholders, and lessee shall leok to the Premises, and to no other assets of Lessor, fort he 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 tothe performance of all obligations to be performed or observed by the Parties underthis Lease.
<br />22, No Prior or Other Agreements; Broker Disclaimer. This t.ease wntains 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.E Nfotice Requirements- Ail notices required or permitted by this Lease or applicable law shall be in writing and may be delivered in person (by hand or by
<br />courier) or may be sent by regular, certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission, or by email, and
<br />shell be deemed sufficiently given if served in a manner specified in this Paragraph 23. Theaddresses noted adfacentto a Party's signature on this Lease shall tag that
<br />Party's address for delivery ar mailingof notices. Either Party may by written noticeto the other specify a different address for notice, except that upon Lessee's
<br />takingpossession of the Premises. the Premises shall constitute. LPSSPP'S address for notice. A copy of all notices to Lessor shall be concurrently transmitted tc such
<br />party or parties at such addresses as Lessor may from time totime hereafter designate in writing.
<br />13.2 Date of Notice_ Any notice sentby registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the
<br />receipt card, or if no delivery date is shown, the postmark thereon. If sent by regular mail the notice shall be deemedgiven 72 hours after the same is addressed as
<br />required herein and mailed with postage prepaid. Notices delivered by United States Empress Mall -or overnight courier that guarantees next day delivery shall be
<br />deemed given 74 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. If notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day-
<br />24• IhNivers,
<br />(a) No waiver by Lessor of the Default or Breach of any term, covenant or rorsditfon hereof by lessee, shall be deemed a waiver ofany other term,
<br />covenant or condition hereof, orof arty subsequent Default or Breach by lessee of the same orof arty other term, cuvenant ar condition hereof. Lessor's consent to,
<br />or approval of, any act shall not be deemed to sender unnecessary the obtaining of Lessor's consent to. or approval of, any subsequent or similar act by Lessee, or be
<br />construedas the basis of an estoppel to enforce the prevision or provisions of this Lease requiring such consent.
<br />(b) The acceptance of Rent by Lessor shall not be a waiveror any Default or Breach by Lessee. Any payment by Lessee may be accepted by Lessoron
<br />account of monies or damages due Lessor, notwithstanding any qualifying statements or conditions made by Lessee in cannection therewith, which such statements
<br />and/or conditions shall be of no force of effect whatsoever unless specifically agreed to in writing by Lessor at or before the timeof deposit or such payment.
<br />(c) THE PARTIES AGREE THAT THE TERMS OF THIS LEASE SHALL GOVERN WITH REGARD TO ALL MATTERS RELATED THERETO AND HEREBY WAIVE THE
<br />PROWSION5 OF ANY PRESENT OR FUTURE STATUTE TO THE EYTENT THAT SUCH STATUTE IS INCONSISTENT W(TH THIS LEASE.
<br />25. Disclosures Regarding The Nature of a Real Estate Agency Relationship.
<br />fa) When entering into a discussion with areal estate agent regarding areal estate transaction, a Lessor or Lessee should from the outset understand
<br />what type of agency relationship or representation it has withthe agent or agents in the transaction. Lessor and Lessee acknowledge beingadvised bythe Brokers in
<br />this transaction, as follows:
<br />() Lessor's Aagnr. A Lessor's agent under a listing agreement with the Lessor acts as the agent forth Lessor only. A Lessor's agent or subagent
<br />has the following affirmative obligations: To the Lessor_ A fiduciary duty of utmost Cate, integrity, honesty, and loyalty in dealings with the Lessor. To the Lessee and
<br />the LM9r (a) Diligent exercise of reasonable sk415 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 ordesirabilityof the property that are not known to, or within the diligent attention and
<br />observation of, the Parties. An agent is not obligated to reveal to either Party any confidential information obtained from, the other Party which does not involve the
<br />affirmative duties set forth above.
<br />(ii) Lessee's Agen . An agent can agree to act as agent for the Lessee only- In these situations, the agent is not the Lessor's agent, even if by
<br />agreement the agent may receive compensation for services rendered, either in fullor in part from the Lessor. An agent acting only for a Lessee has the following
<br />affirmative obligations. To the Lessee: A fiduciary duty of utmostcare, integrity, honesty, and loyalty in dealings withthe Lessee. To the Lessee and the Lessor. (a)
<br />Diligent exercise of reasonable skillsand care in performance of the agent's duties. (b) A duty of honest and Lair dealing and good faith. (c) A duty to disclose all facts
<br />known to theagent materially atfectingthe value or desirability of the property that are not known to, or within the diligent attention and observationof, the Parties.
<br />An agent k 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 ReRresentin4 Both Lessor and Lessee. A real estate agent, either acting directly or through one or more associate licenses, can legally be
<br />the agent of bath the Lessor and the Lessee in a transaction, but only with the knowledge and consent of both the Lessurand the Lessee. In a dual agency situation,
<br />the agent has the following affirmative obligations to both the Lessor and the Lessee: faj 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 subparagraphs (i) or (ii). In representing both Lessor and Lessee, the
<br />agent may not without the express permission of the respective Party, disclose to the other Party that the Lessor will accept rent in an amount less 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 do not relieve a Lessor or
<br />Lesseefrpm the responsibility to protect their own interests. Lessor and Lessee should carefully read all agreements 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. if legal or tax advice is desired, vunsult a mmpeteni
<br />professional.
<br />(b) Brokers 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 relating 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 andLor legal proceeding shall not exceed the fee received by such
<br />Broker pursuant to this Lease; provided, however, that the foregoing limitation on each Broker's hafti* shall not be applicable to any gross negligence or willful
<br />misconduct of such Broker.
<br />(e) lessor and lessee agree to identify to Brokers as "Confidential" any communication or information given Brokers that istonsidered hysuch Party to
<br />be confi dential.
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<br />INITIALS Last Edited: 3/14/2024 3:33 PM INITIALS
<br />9 2017 AIR CRE. All Rights Reserved. 5TG-27.20, Revised 11-01-2017
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