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but shall not exceed the maximum rate allowed by law. Interest is payable in addition to the potential hate charge provided for in
<br />Paragraph 13.4.
<br />13.6 Breach by Lessor.
<br />(a) Notice of Breach. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable
<br />time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph, a reasonable time shall in no event
<br />be less than 30 days alter receipt by Lessor, and any Lender whose name and address shall have been furnished Lessee in writing for
<br />such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the
<br />nature of Lessor's obligation is such that more than 30 days are reasonably required for its performance, then Lessor shall not be in
<br />breach if performance is commenced within such 30 day period and thereafter diligently pursued to completion. Under no circumstances
<br />shall Lessee have the right to terminate the Lease as a result of Lessor's breach or alleged breach of the Lease.
<br />(b) Performance by Lessee on Behalf of Lessor. In the event that neither Lessor nor Lender cures said breach
<br />within 30 days after receipt of said notice, or if having commenced said cure they do not diligently pursue it to completion, then Lessee
<br />may upon 30 clays prior written notice to Lessor, elect to cure said breach at Lessee's expense, and should Lessor fail or refuse to
<br />reimburse Lessee for the actual, itemized, third -party cost of such care within 30 days following Lessor's receipt of Lessee's itemized
<br />invoice for same, Lessee may onset from Base Rent the actual and reasonable cost to perform such cure, provided however, that such
<br />offset shall not exceed an amount equal to the greater of one month's Base Rent or the Security Deposit, reserving Lessee's right to
<br />reimbursement from Lessor for any such expense in excess of such offset.
<br />14. Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat
<br />of the exercise of said power (collectively "Condemnation"), this Lease shall terminate as to the part taken as of the date the condemning
<br />authority takes title or possession, whichever first occurs. If more than 10% of the floor area of the Premises is taken by Condemnation,
<br />Lessee may, at Lessee's option, to be exercised in writing within 20 days after Lessor shall have given Lessee written notice of such
<br />taking (or in the absence of such notice, within 20 days after the condemning authority shall have taken possession) terminate this Lease
<br />as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing,
<br />this .Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in
<br />proportion to the reduction Rentable Area of the Premises caused by such Condemnation. Condemnation awards and/or payments shall
<br />be the property of Lessor, whetter such award shall be made as compensation for diminution in value of the leasehold, the value of the
<br />part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemner for
<br />Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated
<br />pursuant to the provisions of this Paragraph, All Alterations and Utility Installations made to the Premises by Lessee, for purposes of
<br />Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is
<br />payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the
<br />Premises caused by such Condemnation to the extent of the Condemnation Award actually received by Lessor, if any.
<br />15. Brokerage.
<br />15.1 Representations and Indemnities of Broker Relationships. Lessee and Lessor each represent and warrant to the
<br />otter that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any) in connection with this Lease,
<br />and that no one other than said named Brokers is entitled to any commission or finder's fee in connection herewith. Lessee and Lessor
<br />do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges
<br />which maybe claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying
<br />Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto.
<br />16. Estoppel Certificates.
<br />(a) Lessee (as "Responding Party") shall within 1.0 days after written notice from Lessor (the "Requesting Party")
<br />execute, acknowledge and deliver to the Requesting Party an estoppel statement or certificate in writing in the form designated by Lessor
<br />(or Lessor's Lender or purchaser), plus such additional information, confirmation and/or statements as may be reasonably requested by
<br />the Requesting Party.
<br />(b) If the Responding Party shall fail to execute or deliver the Estoppel Certificate within such 10 day period, the
<br />Requesting Party may execute an Estoppel Certificate stating that: (i) the Lease is in full force and effect without modification except
<br />as may be represented by the Requesting Party, (ii) there are no uncured defaults in the Requesting Party's performance, and (iii) not
<br />more than one month's rent has been paid in advance. Prospective purchasers and encumbrances may rely upon the Requesting Party's
<br />Estoppel Certificate, and the Responding Party shall be estopped from denying the truth of the facts contained in said Certificate. In
<br />addition, Lessee acknowledges that any failure on its part to provide such an Estoppel Certificate will expose Lessor to risks and
<br />potentially cause Lessor to incur costs not contemplated by this Lease, the extent of which will be extremely difficult to ascertain.
<br />Accordingly, should Lessee fail to execute and/or deliver a requested Estoppel Certificate in a timely fashion the monthly Base Rent
<br />shall be automatically increased, without any requirement for notice to Lessee, by an amount equal to 'tO% of the then existing Base
<br />Rent or $100, whichever is greater for remainder of the 'L ease. The Parties agree that such increase in Base Rent represents fair and
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<br />25A-19
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