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26.. No Right To Nokdover. 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 becalculated on monthly basis. Nothing contained herein shall be construed as consent by Lessorto any holding over by Lessee.
<br />27. Cumulative. Remedies. No remedy or election hereunder shall be deemed exclusive but shag; wherever possible, be cumulative with all other remedies at lower
<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 B prepared by one of the Parties, but rather according to its fair
<br />meaning as a whole, as if both Parties had prepared ft.
<br />29. Binding Effect; Choice of Law. This lease shall be binding upon the Parties, their personal representatives, successors and assigns and be governed by the 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 />arelocated.
<br />30. Subordination; Attomment; 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 orobligation 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 bygiving written notice thereof to lessee, whereupon this Lease and such Options shall be deemed prior to such
<br />Security Device, notwithstanding the relative dates of the documentation or recordation thereof.
<br />30.2 Attommerd. In the event that Lessor transfers title to the Premises, or the Premises are acquired by another upon the foreclosure or termination of a
<br />Security Device to which this Lease is subordinated (1) Lessee shall, subject to the non -disturbance provisions of Paragraph 30.3, attorn to such new owner, and upon
<br />request, enter into a new lease, containing all of 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 (11) Lessor shall thereafter be relieved of any further
<br />obligations 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 lesser which was not paid or
<br />credited to such new owner.
<br />30.3 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 a commercially reasonable non -disturbance agreement (a "Nan -Disturbance Agreement') from the Lender which Non -Disturbance 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 attorn to the record owner of the Premises. Further, within 60 days after the execution of this Lease, Lesser shall, ifrequested by lessee, use its
<br />commercially reasonable efforts to obtain a Non -Disturbance Agreement from the holder of any pre-existing Security Device which is secured bythe 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 />30A 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, attomment and/or Non -Disturbance Agreement provided for herein.
<br />31. Attorneys'Fees. If any Parry or Broker brings an action or proceeding Involving the Premises whether founded in tort, contract or equity, or to declare rights
<br />hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees. Such fees may
<br />be awarded in the same suit or recovered In a separate wit, 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 bythe other Party or Broker of its claim or defense. The attorneys' fees award shall not be computed in accordance with
<br />anycourtfee 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 ($2001s 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 />$3. Auctions. Lessee shall not conduct, nor permit to be conducted, anyauction upon the Premiseswithout Lessors prior written consent. Lessor shall not be
<br />obligated to exercise any standard of reasonableness in determining whether to permit an auction.
<br />34. Sign, lessor may place on the Premises ordinary 'For Sale" signs at any time and ordinary 'For Lease" sign donna 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 Lessees priorwritten consent. All signs must comply with all Applicable
<br />Requirements.
<br />35. 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 any one or all existing subtenancles. Lessor's failure within 10 days 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 />$6. 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 />INITIALS
<br />2017AIR CRE. All Rights Reserved.
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<br />Last Edited: 3/14/2024 3:33 PM
<br />INITIALS
<br />STG-27.20; Revised 11-01-2017
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