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no force or effect unless specifically agreed to in writing by Lessor at or before the time of deposit of such payment. THE TERMS OF
<br />THIS LEASE SHALL, GOVERN WITH REGARD TO ALL MATTERS RELATED THERETO AND HEREBY WAIVE THE
<br />PROVISIONS OF ANY PRESENT OR FUTURE STATUTE TO THE EXTENT THAT SUCH STATUTE IS INCONSISTENT WITH
<br />THIS LEASE.
<br />25. No ]tight To Holdover. Lessee has no right to retain possession of the Premises or any part thereof beyond the expiration or
<br />termination of this Lease, In the event that Lessee holds over, then the Base Rent and Percentage Rent Rate shall be increased to 150%
<br />of the Base Rent and Percentage Rent Rate applicable immediately preceding the expiration or termination. Nothing contained herein
<br />shall be construed as consent by Lessor to any holding over by Lessee.
<br />26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative
<br />with all other remedies at law or in equity.
<br />27. Construction of Agreement. In construing this Lease, all headings and titles are for the convenience of the Parties only and
<br />shall not be considered a part of this Lease. Whenever required by the context, the singular shall include the plural and vice versa. This
<br />Lease shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties
<br />had prepared it.
<br />28, Binding Effect; Choice of Law, This Lease shall be binding upon the parties, their personal representatives, successors and
<br />assigns and be governed by the laws of the State in which the Premises are located. Any litigation between the Parties hereto concerning
<br />this Lease shall be initiated in the county in which the Premises are located.
<br />29, Subordination; Attornment; Non -Disturbance.
<br />29.1 Subordination, This Lease 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
<br />made on the security thereof, and to all renewals, modifications, and extensions thereof, Lessee agrees that the holders of any such
<br />Security Devices (ht this Lease together referred to as "Lender") shall have no liability or obligation to perform any of the obligations
<br />of Lessor under this Lease. Any Lender may elect to have this Lease superior to the lien of its Security Device by giving written notice
<br />thereof to Lessee, whereupon this Lease shall be deemed prior to such Security Device, notwithstanding the relative dates of the
<br />documentation or recordation thereof.
<br />29.2 Attornment. In the event that Lessor- transfers title to the Premises, or the Premises are acquired by another upon
<br />the foreclosure or termination of Security Devise to which this Lease is subordinated (i) Lessee shall, subject to the non -disturbance
<br />provisions of Paragraph 29.3, attorn to such new owner, and uponrequest, enter into a new lease, containing all of the terms and
<br />provisions of this Lease, with such new owner for the remainder of the term hereof, or, at the election of the new owner, this Lease will
<br />automatically become a new lease between Lessee and such new owner, and (ii) 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
<br />for any act or omission of any prior lessor or with respect to events occurring prior to acquisition of ownership; (b) be subject to any
<br />offsets or defenses which Lessee might have against any prior lessor, (c) be bound by prepayment of more than one month's rent, or (d)
<br />be liable for the return of any security deposit paid to any prior lessor which was not paid or credited to such new owner.
<br />29.3 Non -Disturbance. With respect to Security Devices entered into by Lessor after the execution of this Lease, Lessee
<br />shall execute and deliver to Lessor a commercially reasonable non -disturbance agreement (a "Non -Disturbance Agreement") from the
<br />Lender which Non -Disturbance Agreement provides that Lessee's possession of the Premises, and this Lease, including any options to
<br />extend the term hereof, will not be disturbed so long as Lessee is not in Breach hereof and attorns to the record owner of the Premises.
<br />Within 60 days after the execution of this Lease, Lessor shall, if requested by Lessee, use its commercially reasonable efforts to obtain
<br />a Non -Disturbance Agreement from the holder of any pre-existing Security Device which is secured by the Premises. In the event that
<br />Lessor is unable to provide the Non -Disturbance Agreement within said 60 days, then Lessee may, at Lessee's option, directly contact
<br />Lender and attempt to negotiate for the execution and delivery of a Non -Disturbance Agreement.
<br />29.4 Self -Executing, The agreements contained in this Paragraph 29 shall be effective without the execution of any further
<br />documents; provided, however, that, upon written request from Lessor or a Lender in connection with a sale, financing or refinancing
<br />of the Premises, Lessee and Lessor shall execute such further writings as may be reasonably required to separately document
<br />any subordination, attormnem and/or Non -Disturbance Agreement provided for herein.
<br />30. Attorneys' Fees. If any Party brings an action or proceeding involving the Premises whether founded in tort, contract or equity,
<br />or to declare rights hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be
<br />entitled to reasonable attorneys' fees, Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such
<br />action or proceeding is pursued to decision orjudgment. The term "Prevailing Party" shall mean a Party who substantially obtains or
<br />defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party of
<br />to
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