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any Rent shall not be received by Lessor within 5 days after such amount shall be due, then, without any requirement for notice to
<br />Lessee, Lessee shall immediately pay to Lessor a one-time late charge equal to 10% of each such overdue amount or $100, whichever
<br />is greater. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by
<br />reason of such late payment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or
<br />Breach with respect to such overdue amount, nor prevent the exercise of any of the other rights and remedies granted hereunder. In
<br />the event that a late charge is payable hereunder, whether or not collected, for 3 consecutive installments of Base Rent, then
<br />notwithstanding any provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in
<br />advance.
<br />13.5 Interest. Any monetary payment due Lessor hereunder, other than late charges, not received by Lessor, when due
<br />shall bear interest from the 31st day after it was due. The interest ("Interest") charged shall be computed at the rate of 10% per annum
<br />but shall not exceed the maximum rate allowed by law. Interest is payable in addition to the potential late 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
<br />reasonable time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph, a reasonable time shall
<br />in no event be less than 30 days after receipt by Lessor, and any Lender whose name and address shall have been furnished Lessee in
<br />writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however,
<br />that if the nature of Lessor's obligation is such that more than 30 days are reasonably required for its performance, then Lessor shall
<br />not be in breach if performance is commenced within such 30 day period and thereafter diligently pursued to completion. Under no
<br />circumstances 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
<br />Lessee may upon 30 days prior written notice to Lessor, elect to cure said breach at Lessee's expense, and should Lessor fail or refuse
<br />to reimburse Lessee for the actual, itemized, third -party cost of such cure within 30 days following Lessor's receipt of Lessee's
<br />itemized invoice for same, Lessee may offset from Base Rent the actual and reasonable cost to perform such cure, provided however,
<br />that such offset shall not exceed an amount equal to the greater of one month's Base Rent or the Security Deposit, reserving Lessee's
<br />right to 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
<br />condemning authority takes title or possession, whichever first occurs. If more than 10% of the floor area of the Premises is taken by
<br />Condemnation, Lessee may, at Lessee's option, to be exercised in writing within 20 days after Lessor shall have given Lessee written
<br />notice of such taking (or in the absence of such notice, within 20 days after the condemning authority shall have taken possession)
<br />terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in
<br />accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that
<br />the Base Rent shall be reduced in proportion to the reduction Rentable Area of the Premises caused by such Condemnation.
<br />Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for
<br />diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be
<br />entitled to any compensation paid by the condemner for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures,
<br />without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility
<br />Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and
<br />Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason
<br />of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation to the extent of the
<br />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 />other 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 may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the
<br />indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto.
<br />16. Estoppel Certificates.
<br />(a) Lessee (as "Responding Party") shall within 10 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
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