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<br /> limited purpose of collecting any brokerage fee owed_
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<br /> 15.3 Representations and Indemnities of Broker Relationships. Lessee and Lessor each represent and warrant to the other that it
<br /> has had no dealings with any person, firm, broker or finder(other than the Brokers.if any)in connection with this Lease,and that no one other than said
<br /> named Brokers is entitled to any commission or finder's fee in connection herewith. Lessee and Lessor do each hereby agree to Indemnify, protect,
<br /> defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder
<br /> or other similar party by reason of any dealings or actions of the indemnifying Party,including any costs, expenses, attorneys'fees reasonably incurred
<br /> with respect thereto.
<br /> 16. Estoppel Certificates.
<br /> (a) Each Party (as "Responding Party") shalt within 10 days after written notice from the other Party (the "Requesting
<br /> Party")execute, acknowledge and deliver to the Requesting Party a statement in writing in form similar to the then most current"Estoppel Certificate"
<br /> form published by the AiR Commercial Real Estate Association, plus such additional informalion, confirmation and/or statements as may be reasonably
<br /> requested by the Requesting Party.
<br /> (b) If the Responding Party shall fail to execute or deliver the Estoppel Certificate within such 10 day period, the Requesting
<br /> Party may execute an Estoppel Certificate staling that: (i)the Lease is in full force and effect without modification except as may be represented by the
<br /> Requesting Party.(ii)there are no uncured defaults in the Requesting Party's performance,and(tiij if Lessor is the Requesting Party,not more than one
<br /> month's rent has been paid in advance. Prospective purchasers and encumbrancers may rely upon the Requesting Party's Estoppel Certificate,and the
<br /> Responding Party shall be estopped from denying the truth of the facts contained in said Certificate. In addition. Lessee acknowledges that any failure
<br /> on its part to provide such an Estoppel Certificate will expose Lessor to risks and potentially cause Lessor to incur costs not contemplated by this
<br /> Lease. the extent of which will be extremely difficult to ascertain. Accordingly. should the Lessee fat{ to execute and/or deliver a requested Estoppel
<br /> Certificate in a timely fashion the monthly Base Rent shall be automatically increased, without any requirement for notice to Lessee, by an amount
<br /> equal to 10% of the then existing Base Rent or $100, whichever is greater for remainder of the Lease. The Parties agree that such increase in Base
<br /> Rent represents fair and reasonable compensation for the additional risk/costs that Lessor will incur by reason of Lessee's failure to provide the
<br /> Estoppel Certificate. Such increase in Base Rent shall in no event constitute a waiver of Lessee's Default or Breach with respect to the.failure to
<br /> provide the Estoppel Certificate nor prevent the exercise of any of the other rights and remedies granted hereunder.
<br /> (c) If Lessor desires to finance, refinance..or sell the Promises.or any part thereof, Lessee and all Guarantors shall within 10
<br /> days after written notice from Lessor deliver to any potential lender or purchaser designated by Lessor such financial statements as may be reasonably
<br /> required by such lender or purchaser,including but not limited 10 Lessee's financial statements for the past 3 years. All such financial statements shali
<br /> be received by Lessor and such lender or purchaser in confidence and shall be used only for the purposes herein set forth.
<br /> 17. Definition of Lessor. The term "Lessor" as used herein shall mean the owner or owners at the time in question of the fee title to the
<br /> Premises.or,if this is a sublease, of the Lessee's interest in the prior lease. In the event of a transfer of Lessor's title or interest in the Premises or this
<br /> Lease. Lessor shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Lessor. Upon such transfer or
<br /> assignment and delivery of the Security Deposit. as aforesaid, the prior Lessor shall be relieved of all liability with respect to the obligations andior
<br /> covenants under this Lease thereafter to be performed by the Lessor. Subject to the foregoing, the obligations and/or covenants in this Lease to be
<br /> performed by the Lessor shall be binding only upon the Lessor as hereinabove defined.
<br /> 18. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shaft in no way affect the
<br /> validity of any other provision hereof, I
<br /> 19. Days. Unless otherwise specifically indicated to the contrary, the word "days"as used in this Lease shall mean and refer to calendar days.
<br /> 20. Limitation on Liability. The obligations of Lessor under this Lease shall not constitute personal obligations of Lessor. or its partners.
<br /> members,directors.officers or shareholders, and Lessee shall look to the Premises,and to no other assets of Lessor, for the satisfaction of any liability
<br /> of Lessor with respect to this Lease,and shall not seek recourse against Lessor's partners,members,directors, officers or shareholders,or any of their
<br /> personal assets for such satisfaction.
<br /> 21. Time of Essence. Time is of the essence with respect to the performance of ali obligations to be performed or observed by the Parties under
<br /> this Lease.
<br /> 22. No Prior or Other Agreements; Broker Disclaimer. This Lease contains all agreements between the Parties with respect to any matter
<br /> mentioned herein, and no other prior or contemporaneous agreement or understanding shall be effective. Lessor and Lessee each represents and
<br /> warrants to the Brokers that It has made, and is relying solely upon, its own investigation as to the nature, quality, character and financial responsibility
<br /> of the other Party to this Lease and as to the use, nature,quality and character of the Premises. Brokers have no responsibility with respect thereto or
<br /> with respect to any default or breach hereof by either Party.
<br /> 23. Notices.
<br /> 23.1 Notice Requirements. All notices required or permitted by this Lease or applicable law shall be in writing and may be delivered in
<br /> person (by hand or by courier)or may be sent by regular, certified or registered mail or U.S. Postal Service Express Mail,with postage prepaid, or by
<br /> facsimile transmission.and shall be deemed sufficiently given if served in a manner specified in this Paragraph 23. The addresses noted adjacent to a
<br /> Party's signature on this Lease shall be that Party's address for delivery or mailing of notices. Either Party may by written notice to the other specify a
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<br /> ©1999-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM MTN-14-203E
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