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Docusign Envelope Id: E2tLg717-48 8-4249-WE62-F4952EB74301 <br /> including cug#]ma y a term-y fir "P 1"tw9s fees, paralegal f6m the fees of the l e& and <br /> otheer reasonable costs and disbursements charged to the pay by its cowl, in such amo= as is <br /> determined by the referee. if a court reporter is requested by either party, then such reporter shall be <br /> present at all proceedings, and the fees of such reporter shall be borne by the arty requesting such <br /> reporter. Such fees shy be an item of recoverable costs, <br /> W Nodling in Ehis Section 26.02 shall prejudice the right of any party to obuin <br /> provisional relief or other equitable remedies as shall otherwise be available under the Code of Civil <br /> Rmced=and/or applicable Court noes. <br /> Section 26.03 TENANTS AND LANDLORD EACH ACKNOWLEDGES THAT THE <br /> PROVISIONS OF THIS ARTICLE, ARE A MATER'AL INDUCEMENT TO THE OTHER <br /> FARMS ENTEkWG INTO THIS LEASE. <br /> llr`F CLE 27 LIABILITY aFZMTEES <br /> Section 27.011 The obli aEous of Landlord under this Lease are not personal obligations of <br /> the individual members, partners, directors, officers, shareholdem, agents or employees of Landlord. <br /> Temnts shall look solely to the Demised Property for satisfaction of any liability of Landlord and <br /> shall not look to other assets of Landlord nor seek mcomw against the assets of the individual <br /> members, paftners, directors, officers, shareholders, agents or employees of Landlord. V&enever <br /> LanWord transfers its interest its the Demised property, Landlord shall be automatica]Iy released <br /> from fuxther perforn»ee under this Lease and from all firer liabilities and expenses hereunder <br /> related to the Demised property,whether arising before or after such transfer_ <br /> Section 27.02 The obligations of Tenants uniler tWs Lease are not pe€sanal obligations of the <br /> wu=ed individual mernbm, partners, directors, officm, shareholders, agents or employees of <br /> Tenants, and Landlord small not seek recourse against the assets of the individual members, partners, <br /> directors, officers, shareholders, agents or employees of Tents. If more than one Pcmn is aamed <br /> as Tenant hereunder, the obligations under this Lease of all such Persons as Tends shall be joint <br /> and severai. <br /> ARTICLE 28 ATTORNEYS" FI S• EXPENSES <br /> Without liming any other obligation of Tenants to timely indemnify or reimburse Landlord <br /> hereunder (including under rtielc and r#r_ cle, if anY puny to this Lease stall bring any action <br /> or pnxeeding for any relief against the other, declaratory of otherwise, adising out of this Lease, the <br /> losing party shall pay to the prevailing Party a remnable sum for attorneys' fees and costs incurred <br /> in bringing or defending such action or proceeding and/or enforcing any Judgment granted therein. <br /> all of which skull be deemed to have accrued upon the commencement of such action or Proceeding <br /> and shall be paid whether or not such action cr proceeding is prosecuted to final judgment. An <br /> judgment or order entered in such action or proceeding shall contain a specific provision providing <br /> for the reeovery of attorneys' fees and costs, separate from the judgment, incurred in enforcing such <br /> judgment_ Tle prevailing party sUl be de€ernfined by the trier of fact based upon} an assessment of <br /> which party's major arguments or positions taken in the procee&np could fairly be said w have <br /> Prevailed over the other party's major arg=ents or positions on major disputed issues; provided, <br /> however, that the parties agree that in no event shall Tenants be deemed a prevailing party if an <br /> Event of Default then exists under this Lease. For the purposes of this provision, attorneys' fees shall <br /> E39 Page 34 of <br />