CIVIC CENTER MEDICAL ARTS 1-2003

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SECTION 24.18 INTERPRETATION OF WORDS AND PHRASES. Time is of the essence of this Lease. Notwithstanding the fact that certain references elsewhere in this Lease to acts required to be performed by Tenant hereunder or to breaches or defaults of this Lease by Tenant, omit to state that such acts shall be performed at Tenant's sole cost and expense, or omit to state that such breaches or defaults by Tenant are material, unless the context implies to the contrary, each and every act to be performed or obligation to be fulfilled by Tenant pursuant to this Lease shall be performed or fulfilled at Tenant's sole cost and expense, and all breaches or defaults by Tenant hereunder shall be deemed material. Tenant shall be fully responsible and liable for the observance and compliance by Concessionaires of and with all the terms and conditions of this Lease, which terms and conditions shall be applicable to Concessionaires as fully as if they were the Tenant hereunder; any failure by a Concessionaire to fully observe and comply with the terms and conditions of this Lease shall constitute a default hereunder by Tenant. Nothing contained in the preceding sentence shall constitute a consent by Landlord to any concession, subletting or other arrangement proscribed by Section 13. I. SECTION 24.19 CORPORATE AND PARTNERSHIP AUTHORITY. If Tenant is a corporation or partnership, each individual executing this Lease on behalf of the corporation or partnership represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of the corporation or partnership, and that this Lease is binding upon the corporation or partnership in accordance with its terms. Tenant shall, at Landlord's request, deliver a certified copy of its board of directors' resolution or partnership agreement or certificate authorizing or evidencing such execution. In addition, as a condition for the execution of this Lease by Landlord, the obligations, covenants and performance of the Tenant as herein provided shall be guaranteed in writing by acceptable Guarantors on a form of guarantee provided by Landlord. SECTION 24.20 SURRENDER OR CANCELLATION. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall terminate all or any existing subleases, unless Landlord elects to treat such surrender or cancellation as an assignment to Landlord of any or all of such subleases. SECTION 24.21 CHANGES REQUESTED.BY LENDER. Neither Landlord nor Tenant shall unreasonably withhold its consent to changes or amendments tb this Lease requested by the Lender on Landlord's fee interest or on Tenant's leasehold interest, as the case may be, so long as such changes do not materially alter the basic business terms of this Lease or otherwise materially diminish the rights or materially increase the obligations of the party from whom consent to such change or amendment is requested. SECTION 24.22 SURVIVAL OF INDEMNITIES AND WARRANTIES. The obligations of the indemnifying party under each and every indemnification and hold harmless provision contained in this Lease shall survive the expiration or earlier termination of this Lease to and until the last to occur of(a) the last date permitted by law for the bringing of any claim or action with respect to which indemnification may be claimed by the indemnified party against the indemnifying party under such provision or (b) the date on which any claim or action for which indemnification may be claimed under such provision is fully and finally resolved, and, if applicable, any compromise thereof or judgment or award thereon is paid in full by the indemnifying party and the indemnified party is reimbursed by the indemnifying party for any amounts paid by the indemnified party in compromise thereof or upon judgment or award thereon and in defense of such action or claim, including reasonable attorney's fees incurred. The representations, warranties, and covenants of the parties contained herein shall survive the termination of this Lease without regard to any investigation made by the parties. ARTICLE XXV. ADOPTION AND IMPLEMENTATION OF AN ENERGY CONSERVATION PROGRAM SECTION 25.1 ADOPTION AND IMPLEMENTATION OF AN ENERGY CONSERVATION PROGRAM. In the event the Landlord undertakes a discretionary energy conservation program which includes the purchase, construction and installation of energy generating or energy savings devices such as, but not limited to, solar energy or wind power equipment, Tenant shall be obligated to contribute its pro rata share of the cost of purchase, construction expense of installation and maintenance thereof. Tenant shall have no obligation for the cost, construction or maintenance thereof until its lease has been in effect two (2) years. Tenant's obligation shall be based upon its pro rata share as determined for common facilities purposes as set forth in Section 7.3. However, Tenant's liability for its share of thc actual acquisition, construction and installation cost shall not exceed an amount equal to the total of its last three months rent and shall be amortized as additional rent over the next twenty-four (24) months of the lease term commencing with the month after written notice given to Tenant by Landlord that the improvements have been completed. If less than twenty-four (24) months remain in the Lease Term, Tenant will not have any obligation under this section. Tenant shall be entitled to its pro rata share of energy credits, tax credits, depreciation and other benefits attributable to its contribution toward the capital cost, installation and construction of said energy saving or generating systems or devices to revert to and be the property of the Landlord upon the termination or expiration of this Lease. ARTICLE XXVl. NO IMPLICATION OF EXCLUSIVE USE SECTION 26.1 NO IMPLICATION OF EXCLUSIVE USE. Nothing herein contained shall be deemed to give the Tenant an express or implied exclusive use in the ~ Center nor are there any representations made to Tenant as to restrictions upon other types of uses or tenants which Landlord can lease space to in the ~ Center. 19