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36.2 Default. It shall constitute a Default of the Lessee if any Guarantor fails or refuses, upon request to provide: (a)
<br />evidence of the execution of the guaranty, including the authority of the partysigning on Guarantor's behalf to obligate Guarantor, and
<br />in the case of a corporate Guarantor, a certified copy of a resolution of its board of directors authorizing the making of such guaranty,
<br />(b) current financial statements, (c) an Estoppel Certificate, or (d) written confirmation that the guaranty is still in effect.
<br />37. Quiet Possession. Subject to payment by Lessee of the Rent and performance of all of the covenants, conditions and provisions
<br />on Lessee's part to be observed and performed ander this Lease, Lessee shall have quiet possession and quiet enjoyment of the Premises
<br />during the term hereof,
<br />38. Options, If Lessee is granted any Option, as defined below, then the following provisions shall apply.
<br />38.1 Definition. "Option" shall mean: (a) the right to extend or reduce the term of or renew this Lease or to extend or
<br />reduce the term of or renew any lease that Lessee has on other property of Lessor; and (b) the right of first refusal or first offer to lease
<br />either the Premises or other property of Lessor;
<br />38.2 Options Personal To Original Lessee. Any Option granted to Lessee in this Lease is personal to the original Lessee,
<br />and cannot be assigned or exercised by anyone other than said original Lessee and only while the original Lessee is in full possession
<br />of the Premises and, if requested by Lessor, with Lessee certifying that Lessee has no intention of thereafter assigning or subletting.
<br />38.3 Multiple Options. In the event that Lessee has any multiple Options to extend or renew this Lease, a later Option
<br />cannot be exercised unless the prior Options have been validly exercised.
<br />38.4 Effect of Default on Options.
<br />(a) Lessee shall have no right to exercise an Option: (1) during the period commencing with the giving of any
<br />notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether
<br />notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3
<br />or more notices of separate Default, whether or not the Defaults are cured, during the Term of the Lease.
<br />(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of
<br />Lessee's inability to exercise an Option because of the provisions of Section 38.4(a),
<br />39. Security Measures. Lessee hereby acknowledges that the Rent payable to Lessor hereunder does not include the cost of guard
<br />service or other security measures, and that Lessor shall have no obligation whatsoever to provide same. Lessee assumes all
<br />responsibility for the protection of the Premises, Lessee, its agents and invitees and their property from the acts of third parties. While
<br />Lessor does not assume any responsibility to provide any security measures or any liability for failure to provide security measures or
<br />for any inadequacy thereof, Lessor shall have the authority to institute or continue such security measures as Lessor in its sole discretion
<br />deems necessary or appropriate from time to time, the cost and expenses of which shall be considered Common Area Operating
<br />Expenses.
<br />40, Reservations. Lessor reserves the right: (i) to grant, without the consent or joinder of Lessee, such easements, rights and
<br />dedications that Lessor deems necessary, (ii) to cause the recordation of parcel maps and restrictions, and (iii) to create and/or install
<br />new utility raceways, so long as such easements, rights, dedications, [naps, restrictions, and utility raceways do not unreasonably
<br />interfere with the use of the Premises by Lessee. Lessee agrees to sign any documents reasonably requested by Lessor to effectuate
<br />such rights.
<br />41. Building Planning, Lessor shall have the right at any time or times, upon giving Lessee not less than 60 days prior written
<br />notice, to provide and furnish Lessee with space of comparable visibility located elsewhere within any of the buildings within the
<br />Shopping Center and to move Lessee into such new space, provided that the usable area of such new space is not less than the usable
<br />area of the Premises and provided that all of Lessee's reasonable out-of-pocket moving expenses (including but not limited to the cost
<br />of moving Lessee's personal property, the cost of reprinting Lessee's stationery or other business materials with the new address, and
<br />the cost to relocate and reinstall Lessee improvements and Lessee's telecommunications and computer equipment) shall be paid by
<br />Lessor, and provided further that Lessor shall construct at Lessor's expense such improvements to such new space as shall be necessary
<br />to place it in a condition that is substantially comparable to the Premises. Except as provided in the immediately preceding sentence,
<br />Lessor shall have no obligation to improve such space or pay any other expenses incurred by Lessee as a result of such relocation. On
<br />such relocation, the terms and conditions of this Lease shall remain in fall force and effect, including but not limited to the Base Rent
<br />payable hereunder and Lessee's Share (even if the usable area of such relocated Premises is in excess of the usable area of the Premises),
<br />except that the Premises shall be in such new location. Upon Lessor's request, the Parties shall execute an amendment to this Lease in
<br />form required by Lessor confirming the relocation of the Premises to such new location. If the new space does not meet with Lessee's
<br />approval, which approval Lessee shall give or withhold in accordance with Paragraph 35, Lessee shall have the right to cancel this Lease
<br />by giving Lessor written notice thereof within 15 days of receipt of Lessor's notification of its intent to relocate Lessee. Lessee's failure
<br />to give such notice within such 15 day period shall be deemed Lessee's approval of the new space. If timely notice is given by Lessee,
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