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United States Express Mail or overnight courier that guarantees next day delivery shall be deemed given 24 hours after delivery of the
<br />same to the Postal Service or courier. Notices transmitted by facsimile transmission or similar means shall be deemed delivered upon
<br />telephone confirmation of receipt (confirmation report from fax machine is sufficient), provided a copy is also delivered via delivery
<br />or mail. If notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the 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
<br />deemed a waiver of any other term, covenant or condition hereof, or of any subsequent Default or Breach by Lessee of the same or of
<br />any other term, covenant or condition hereof. Lessor's consent to, or approval of, any act shall not be deemed to render unnecessary
<br />the obtaining of Lessor's consent to, or approval of, any subsequent or similar act by Lessee, or be construed as the basis of an
<br />estoppel to enforce the provision or provisions of this Lease requiring such consent. The acceptance of Rent by Lessor shall not be a
<br />waiver of any Default or Breach by Lessee. Any payment by Lessee may be accepted by Lessor on account of moneys or damages
<br />due Lessor, notwithstanding any qualifying statements or conditions made by Lessee in connection therewith, which such statements
<br />and/or conditions shall be of no force or effdct unless specifically agreed to in writing by Lessor at or before the time of deposit of
<br />such payment. THE TERMS OF THIS LEASE SHALL GOVERN WITH REGARD TO ALL MATTERS RELATED T14ERETO
<br />AND HEREBY WAIVE THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE TO THE EXTENT THAT SUCH
<br />STATUTE IS INCONSISTENT WITH THIS LEASE.
<br />25. No RightTo Holdoven Lessee has ne fight to retain possession 9; tlie !'Femises OF any pen inereef 13@Y811a me ExP
<br />tpFminatieB Of this bease. In the evpnt that Lessee holds oveF, then the Base Rent and PeFeepAage RePA Rate shall be inefeased to 0
<br />of the Base Rent and Pereentage Rent Rate applieable immediately pfeeeding the expiration oF teEminatien. Nettling eentained kOF01'
<br />26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be
<br />cumulative 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
<br />concerning 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
<br />advances made on the security thereof, and to all renewals, modifications, and extensions thereof. Lessee agrees that the holders of
<br />any such Security Devices (in this Lease together referred to as "Lender") shall have no liability or obligation to perform any of the
<br />obligations of Lessor under this Lease. Any Lender may elect to have this Lease superior to the lien of its Security Device by giving
<br />written notice thereof to Lessee, whereupon this Lease shall be deemed prior to such Security Device, notwithstanding the relative
<br />dates of the 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 a Security Devise to which this Lease is subordinated (i) Lessee shall, subject to the non -disturbance
<br />provisions of Paragraph 29.3, attoln to such new owner, and upon request, 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
<br />will 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
<br />(d) 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
<br />the Lender which Non -Disturbance Agreement provides that Lessee's possession of the Premises, and this Lease, including any
<br />options to extend the term hereof, will not be disturbed so long as Lessee is not in Breach hereof and attoms to the record owner of the
<br />Premises. Within 60 days after the execution of this Lease, Lessor shall, if requested by Lessee, use its commercially reasonable
<br />efforts to obtain a Non -Disturbance Agreement from the holder of any pre-existing Security Device which is secured by the Premises.
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