|
<br />SECTION 24.8 RECORDING. Tenant shall not record this Lease without the prior written consent of
<br />Landlord, Tenant, upon the request of Landlord, shall execute and acknowledge a short form memorandum of this Lease
<br />for recording purposes. Upon the termination of this Lease for any reason, including, but not limited to, surrender or
<br />cancellation under Section 24.21 below, Tenant shall, within three (3) days of the date of request by Landlord, convey to
<br />Landlord, by quit claim deed any and all interest Tenant may have under this Lease.
<br />
<br />SECTION 24.9 SERVICE CHARGE FOR FAILURE BY TENANT TO SUBMIT REQUIRED
<br />INFORMATION. In the event Tenant fails or refuses to furnish any document, report or required statement or insurance
<br />document as hereinbefore agreed to, the Tenant shall be liable to the Landlord for a service charge in the amount of fifty
<br />dollars ($50,00) for each week or portion thereof that said delinquency or refusal persists. In the event the charge is not
<br />paid within three (3) days after written demand therefor is served upon the Tenant, said amount shall be deemed to be
<br />additional rent and subject to the same consequences as herein provided for failure to pay rent.
<br />
<br />SECTION 24.10 TRANSFER OF LANDLORD'S INTEREST. In the event of any transfer or transfers of
<br />Landlord's interest in the Premises, including a so-called sale-leaseback, the transferor shall be automatically relieved of
<br />any and all obligations on the part of Landlord accruing under this Lease ITom and after the date of the transfer, provided
<br />that the interest of the transferor, as Landlord, in any funds then in the hands of Landlord in which Tenant has ah interest
<br />shall be turned over, subject to such interest, to the then transferee and the transferee assumes all obligations on the part of
<br />Landlord accruing under ihis Lease ITom and after the date of the transfer. Upon the termination of any such lease in a
<br />sale-leaseback transaction prior to termination of this Lease, the former tenant thereunder shall become and remain liable
<br />as Landlord hereunder until a further transfer. No holder of a mortgage and/or deed of ttust to which this Lease is or may
<br />be subordinate, and no Landlord under a so-called sale-leaseback, shall be responsible in connection with the security
<br />deposited hereunder, unless such mortgagee or holder of such deed of ttust or landlord shall have actually received the
<br />security deposited hereunder.
<br />
<br />SECTION 24.11 FLOOR AREA. "Floor Area" as used in this leåSe means the aggregate number of lease able
<br />square feet of Ooor space of all Ooor levels in the -- Center, including any mezzanine space, measured ITom (a) the
<br />outside faces of all perimeter walls thereof other than any party wall separating such premises ITom other leaseable
<br />premises, (b) the centerline of any such party wall, (c) the outside face of any interior wall, and (d) the building and/or
<br />lease line adjacent to any entrance to such premises, No deduction or exclusion ITom Floor Area shall be made by reason
<br />of columns, ducts, stairs, elevators, escalators, shafts, or other interior construction or equipment.
<br />
<br />SECTION 24.12 INTEREST ON PAST DUE OBLIGATIONS. Any amount due ITom Tenant to Landlord
<br />hereunder which is not paid when due (including, without limitation, amounts due as reimbursement to Landlord for costs
<br />incurred by Landlord in performing obligations of Tenant hereunder upon Tenant's failure to so perform) shall bear
<br />interest at he highest rate then allowed under the usury laws of the State of California, ITom the date due until paid, unless
<br />otherwise specifically provided herein, but the payment of the interest shall not excuse or cure any default by Tenant under
<br />this Lease.
<br />
<br />SECTION 24.13 ACCORD AND SATISFACTION. No payment by Tenant or receipt by Landlord of a
<br />lesser amount than the rent or other charges herein stipulated shall be deemed to be other than on account of the earliest
<br />due stipulated rent or other charges, nor shall any endorsement or statement on any check or any letter accompanying any
<br />check or payment as rent or other charges be deemed an accord and satisfaction, and Landlord shall accept such check or
<br />payment without prejudice to Landlord's right to recover the balance of such rent or other charges or pursue any other
<br />remedy in this Lease provided.
<br />
<br />SECTION 24.14 EXECUTION OF LEASE; NO OPTION. The submission of this Lease to Tenant shall be
<br />for examination purposes only, and does not and shall not constitute a reservation of or option lor Tenant to -lease, or
<br />otherwise create any interest by Tenant in, the Premises or any other premises situated in the - Center. Execution
<br />of this Lease by Tenant and return to Landlord shall not be binding upon Landlord notwithstanding any time interval, until
<br />Landlord has in fact executed and delivered this Lease to Tenant.
<br />
<br />SECTION 24.15 CONTROLLING LAW. This Lease shall be governed by and construed in accordance with
<br />the laws of the State of California. If any provision of this Lease or the application thereof to any person or circumstances
<br />shall, to any extent, be invalid or unenforceable, such provision shall be adjusted ratherthan void~d, if possible, in order to
<br />achieve the intent of the parties to the extent possible, In any event, all other provISIons of thIS Lease shall be deemed
<br />valid and enforceable to the full extent.
<br />
<br />SECTION 24.16 SUCCESSORS. All rights and liabilities herein given to, or imposed upon, the respective
<br />parties hereto shall extend to and bind the several respective heirs, executors, administrators, successors, and assigns of the
<br />parties; and if there shall be more than one Tenant, they shall all be bound Jomt.ly and severally by the terms',covenants
<br />and agreements herein, No rights, however, shall mure to the benefit of any assIgnee of Tenant unless the aSSIgnment to
<br />such assignee has been approved by Landlord in writing as provided in Section 13,1 hereof
<br />
<br />SECTION 24.17 SPECIFIC PERFORMANCE OF LANDLORD'S RIGHTS. Nothing contained in this
<br />Lease shall be construed as or shall have the effect of abridging the right of Landlord to obtain specific performance of
<br />any and all of the covenants or obligations of Tenant under this Lease.
<br />
<br />18
<br />
|