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reasonable compensation for the additional risk/costs that Lessor will incur by reason of Lessee's 'failure to provide the Estoppel <br />Certificate. Such increase in Base Rent shall in no event constitute a waiver of Lessee's Default or Breach with respect to the failure to <br />provide the Estoppel Certificate nor prevent the exercise of any of the other rights and remedies granted hereunder. <br />(c) If Lessor desires to finance, refinance, or sell the Premises, or any part thereof, Lessee and all Guarantors shall within <br />10 clays after written notice from Lessor deliver to any potential lender or purchaser designated by Lessor such financial statements as <br />may be reasonably required by such lender or purchaser, including but not limited to Lessee's financial statements for the past 3 years. <br />Alt such financial statements shall be received by Lessor and such lender or purchaser in confidence and shall be used only for the <br />purposes herein set forth. <br />17. Definition of Lessor. The tern "Lessor" as used herein shall mean the owner or owners at the time in question of <br />the fee title to the Premises, or, if this is a sublease, of the Lessee's interest in the prior lease. In the event of a transfer of Lessor's title <br />or interest in the Premises or this Lease, Lessor shall deliver to the transferee or assignee (in cash or by credit) any unused Security <br />Deposit held by Lessor. Upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the prior Lessor shall be <br />relieved of all liability with respect to the obligations and/or covenants tinder this Lease thereafter to be performed by the Lessor. <br />Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Lessor shall be binding only upon die <br />Lessor as hereinabove defined. <br />is. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way <br />affect the validity of any other provision hereof. <br />19. Days. Unless otherwise specifically indicated to the contrary, the word "days" as used in this Lease shall mean and refer to <br />calendar days. <br />20. Limitation on Liability. The obligations of Lessor under this Lease shall not constitute personal obligations of Lessor, or its <br />partners, members, directors, officers or shareholders, and Lessee shall took to the Premises, and to no other assets of Lessor, for the <br />satisfaction of any liability of Lessor with respect to this Lease, and shall not seek recourse against Lessor's partners, members, directors, <br />officers or shareholders, or any of their personal assets for such satisfaction. <br />21. Time of Essence. Time is of the essence with respect to the performance of all obligations to be performed or observed by the <br />Parties under this Lease. <br />22. No Prior or Other Agreements. This Lease contains all agreements between the Parties with respect to any matter mentioned <br />herein, and no other prior or contemporaneous agreement or understanding shall be effective. <br />23. Notices, <br />23.1 Notice Requirements. All notices required or permitted by this Lease or applicable law shall be in writing and may <br />be delivered in person (by hand or by courier) or may be seat by regular, certified or registered mail or U.S. Postal Service Express Mail, <br />with postage prepaid., or by facsimile transmission, and shall be deemed sufficiently given if served in a manner specified in this <br />Paragraph 23. The addresses noted adjacent to a Party's signature on this Lease shall be that Party's address for delivery or mailing of <br />notices. Either Party may by written notice to the other specify a different address for notice, except that upon Lessee's taking possession <br />of the Premises, the Premises shall constitute Lessee's address for notice. A copy of all notices to Lessor shall be concurrently transmitted <br />to such party or parties at such addresses as Lessor may from time to time hereafter designate in writing. <br />23.2 Date of Notice. Any notice sent by registered or certified mail, retum receipt requested, shall be deemed given on the <br />date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. If sent by regular mail the notice shall <br />be deemed given 72 hours after the same is addressed as required herein and mailed with postage prepaid. Notices delivered by United <br />States Express Mail or overnight courier that guarantees next day delivery shall be deemed given 24 hours after delivery of the same to <br />the Postal Service or courier, Notices transmitted by facsimile transmission or similar means shall be deemed delivered upon telephone <br />confirmation of receipt (confinnation report from fax machine is sufficient), provided a copy is also delivered via delivery or mail. If <br />notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on die next business day. <br />24. Waivers. No waiver by Lessor of the Default or Breach of any term, covenant or condition hereof by Lessee, shall be deemed <br />a waiver of any other term, covenant or condition hereof, or of any subsequent Default or Breach by Lessee of the same or of ally other <br />term, covenant or condition hereof. Lessor's consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining <br />of Lessor's consent to, or approval of, any subsequent or similar act by Lessee, or be construed as (lie basis of an estoppel to enforce the <br />provision or provisions of this Lease requiring such consent. The acceptance of Rent by Lessor shall not be a waiver of any Default or <br />Breach by Lessee. Any payment by Lessee may be accepted by Lessor on account of moneys or damages due Lessor, notwithstanding <br />any qualifying statements or conditions made by Lessee in connection therewith, which such statements and/or conditions shall be of <br />Is <br />25A-20 <br />