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or liability at LesL-,r'e expense in connection :oth any claim. <br />,16. Covenants and Condition: Each partv's performance of <br />each of the obligations under this Lease is a condition as well as <br />a covenant. Time is of the essence in the performance of all <br />covenants and conditions. <br />17. Attorneys Fees and Costs: If either party shall be in <br />breach or default under this Lease, the breaching party shall <br />reimburse the other upon demand for any costs or expenses incurred <br />in connection with any breach or default under this Lease, whether <br />or not suit is commenced or judgment entered. Such costs shall <br />include legal fees and costs incurred for the negotiation of a <br />settlement, enforcement of rights or otherwise. Furthermore, if <br />any action for breach of, or to enforce the provisions of, this <br />Lease is commenced, the court in such action shall award to the <br />party in whose favor of a judgment is entered, a reasonable sum as <br />attorney's fees and costs. The losing party in such action shall <br />�K <br />pay such attorney's fees and costs. <br />18. Arbitration: Any controversy arising from this agreemen� <br />or its breach shall be determined by arbitration conducted under <br />Code of Civil Procedure sections 1280 et seq. Hearing shall be <br />held in San Joaquin County, California. <br />19. Right of First Refusal: For valuable consideration, <br />Lessor's receipt of which is hereby acknowledged, Lessor shall upon <br />receiving or extending any final offer to acquire any or all of <br />Lessor's interest in this lease, or its ownership or leasehold <br />interest in the real property and/or improvements on which the <br />6 <br />