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different address for notice,except that upon Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for notice. A
<br /> copy of all notices to Lessor shall be concurrently transmitted to such party or parties at such addresses as Lessor may from time to time hereafter
<br /> designate in writing.
<br /> 23.2 Date of Notice. Any notice sent by,re?gi5lered n or certified mail, return receipt requested, shall be deemed giveon the date of delivery
<br /> shown on the receipt card,or if no delivery date is shown;the postmark thereon, if sent by regular mail the notice shall be deemed given 72 hours after
<br /> the same is addressed as required herein,and mailed with, prepaid. Notices delivered by United States Express Mail or overnight courier that
<br /> guarantees next day delivery shall be deemed given 24-hours after delivery of the same to the Postal Seryice or courier. Notices transmitted by
<br /> facsimile transmission or similar means shall be deemed delivered upon telephone confirmation of receipt (confirmation report from fax machine is
<br /> sufficient), provided a copy is also delivered via delivery'br mall. If notice is received on a Saturday, Sunday or legal holiday, it shall be deemed
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<br /> received on the next business day.
<br /> 24. Waivers.
<br /> (a) No waiver by Lessor of the Default or Breach of any term, covenant or condition hereof by Lessee,shall be deemed a waiver of any
<br /> other term, covenant or condition hereof, or of any subsequent Default or Breach by Lessee of the same or of any other term. covenant or condition
<br /> hereof. Lessor's consent 10,or approval of,any act shall riot be deemed to render unnecessary the obtaining of Lessor's consent to,or approval of,any
<br /> subsequent or similar act by Lessee, or be construed dli basis of an estoppel to enforce the provision or provisions of this Lease requiring such
<br /> consent. t'
<br /> (b) The acceptance of Rent by Lessor shall not be a waiver of any Default or Breach by Lessee. Any payment by Lessee may be
<br /> accepted by Lessor on account of moneys or damagesi'due Lessor. notwithstanding any qualifying statements or conditions made by Lessee in
<br /> connection therewith, which such statements andlor conditions shall be of no force or effect whatsoever unless specifically agreed to in writing by
<br /> Lessor at or before the time of deposit of such payment.
<br /> (c) THE PARTIES AGREE THAT THE TERMS OF THIS LEASE SHALL GOVERN WITH REGARD TO ALL MATTERS RELATED
<br /> THERETO AND HEREBY WAIVE THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE TO THE EXTENT THAT SUCH STATUTE IS
<br /> INCONSISTENT WITH THIS LEASE.
<br /> 25, Disclosures Regarding The Nature of a Real'Estate Agency Relationship.
<br /> (a) When entering into a discussion with a real estate agent regarding a real estate transaction. a Lessor or Lessee should from the
<br /> outset understand what type of agency relationship or representation It has with the agent or agents in the transaction. Lessor and Lessee
<br /> acknovriedge being advised by the Brokers in this transaction,as follows:
<br /> (i) Lessor's Agent. A Lessor's agent under a listing agreement with the Lessor acts as the agent for the Lessor only. A
<br /> Lessors agent or subagent has the following affirmative obligations: To the Lessar. A fiduciary duty of utmost care, integrity, honesty, and loyalty in
<br /> dealings with the Lessor. To the Lessee and the Lessor:i(a)Diligent exercise of reasonable skills and care in performance of the agent's duties. {b}A
<br /> duty of honest and fair dealing and goad faith, (c)A duty to disclose alt facts known to the agent materially affecting the value or desirability of the
<br /> property that are not known to, or within the diligent attention and observation of, the Parties. An agent is not obligated to reveal to either Party any
<br /> confidential information obtained from the other Party which does not involve the affirmative duties set forth above.
<br /> (li) Lessee's Agent. An agen.Ucan agree to act as agent for the Lessee only. In these situations, the agent is not the
<br /> Lessor's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Lessor. An agent
<br /> acting only for a lessee has the following affirmative obligations, To the Lessee: A fiduciary duty of utmost care, integrity. honesty, and loyalty in
<br /> dealings with the Lessee. To the Lessee and the Lessor:4(a)Diligent exercise of reasonable skills and care in performance of the agent's duties. (b)A
<br /> duty of honest and fair dealing and good faith. (c)A duty to disclose all facts known to the agent materially affecting the value or desirability of the
<br /> property that are not known to, or within the diligent attention and observation of; the Parties. An agent is not obligated to reveal to either Party any
<br /> confidential information obtained from the other Party which does not involve the affirmative duties set forth above.
<br /> (iii) Argent Representing Both Vessor and Lessee. A real estate agent,either acting directly or through one or more associate
<br /> licenses, can legally he the agent of bath the Lessor and the Lessee in a transaction, but only with the knowledge and consent of both the Lessor and
<br /> the Lessee. In a dual agency situation, the agent has the following affirmative obligations to both the Lessor and the Lessee: (a) A fiduciary duty of
<br /> utmost care, integrity, honesty and loyalty in the dealings with either Lessor or the Lessee. (b) Other duties to the Lessor and the Lessee as stated
<br /> above in subparagraphs (i)or(ii), to representing both Lessor and Lessee, the agent may not without the express permission of the respective Party.
<br /> disclose to the other Party that the Lessor will accept rent in an amount less than that indicated in the listing or that the Lessee is willing to pay a higher
<br /> rent than that offered.The above duties of the agent in areal estate transaction do not relieve a Lessor or Lessee from the responsibility to protect their
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<br /> own interests. Lessor and Lessee should carefully read all agreements to assure that they adequately express their understanding of the transaction.
<br /> A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired,consull a competent professional.
<br /> (b} Brokers have no responsibility with respect to any Default or Breach hereof by either Party. The Parties agree that no lawsuit or
<br /> other legal proceeding involving any breach of duty, error or omission relating to this Lease may he brought against Broker more than one year after the
<br /> Start Date and that the liability(including court costs and attorneys'fees). of any Broker with respect to any such lawsuit and/or legal proceeding shall
<br /> not exceed the fee received by such Broker pursuant to this lease;provided,however,that the foregoing iimitation an each Brokers liability shali not be
<br /> applicable to any gross negligence or willful misconduct'of,such Broker.
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