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<br /> (c) Lessor and Lessee agree to identify to Brokers as"Confidential"any communication or information given Brokers that is considered
<br /> by such Party to be confidential.
<br /> 26. No Right To Holdover. Lessee has no right to retain possession of the Premises or any part thereof beyond the expiration or terminatlon of
<br /> this Lease. In the event that Lessee holds over, then the Base Rent shall be increased to 150%of the Base Rent applicable immediately preceding the
<br /> expiration or termination. Nothing contained herein shall be construed as consent by Lessor to any holding over by Lessee.
<br /> 27. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all
<br /> other remedies at law or in equity.
<br /> 28. Covenants and Conditions; Construction of Agreement. All provisions of this Lease to be observed or performed by Lessee are both
<br /> covenants and conditions. in construing this Lease, all headings and titles are for the convenience of the Parties only and shalt not be considered a
<br /> part of this Lease. Whenever required by the context, the singular shall include the plural and vice versa. This Lease shall not be construed as if
<br /> prepared by one of the Parties, but rather according to its fair meaning as a whole,as if both Parties had prepared it.
<br /> 29. Binding Effect; Choice of Law. This Lease shall be binding upon the parties, their personal representatives, successors and assigns and
<br /> be governed by the laws of the State in which the Premises are located. Any litigation between the Parties hereto concerning this Lease shall be
<br /> initiated in the county in which the Premises are located.
<br /> 30. Subordination;Attornmertt; Non-Disturbance.
<br /> 30.1 Subordination. This Lease and any Option granted hereby shall be subject and suhordinate to any ground lease, mortgage, deed
<br /> of trust.or other hypothecation or security device(collectively, "Security Device".). now or hereafter placed upon the Premises.to any and all advances
<br /> made on the security thereof, and to all renewals. modifications, and extensions thereof. Lessee agrees that the holders of any such Security Devices
<br /> (in this Lease together referred to as "Lender") shall have no liability or obligation to pe#orm any of the obligations of Lessor under this Lease. Any
<br /> Lender may elect to have this Lease and/or any Option granted hereby superior to the lien of its Security Device by giving written notice thereof to
<br /> Lessee. whereupon this Lease and such Options shall be deemed prior to such Security Device, notwithstanding the relative dates of the
<br /> documentation or recordation thereof.
<br /> 30.2 Attornment. In the event that Lessor transfers title to the Premises,or the Premises are acquired by another upon the foreclosure
<br /> or termination of a Security devise to which this Lease is subordinated (i) Lessee shall. subject to the non-disturbance provisions of Paragraph 30.3.
<br /> attorn to such new owner, and upon request, enter into a new lease, containing all of the terms and provisions of this Lease,with such new owner for
<br /> the remainder of the term hereof,or, at the etection of the new owner, this Lease will automatically become a new lease between Lessee and such new
<br /> owner, and (ii) Lessor shall thereafter be relieved of any further obligations hereunder and such neva owner shall assume all of Lessor's obligations, j
<br /> except that such new owner shall not: (a)be liable for any act or omission of any prior lessor or with respect to events occurring prior to acquisition of
<br /> ownership: (b)be subject to any offsets or defenses which Lessee might have against any prior lessor, (c)be bound by prepayment of more than one
<br /> month's rent,or(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 /> 30.3 NonvDisturbance. With respect to Security Devices entered into by Lessor after the execution of this Lease, Lessee's
<br /> subordination of this Lease shall be subject 10 receiving a commercially reasonable non-disturbance agreement (a "Non-Disturbance Agreement")
<br /> from the Lender which Non-Disturbance Agreement provides that Lessee's possession of the Premises,and this Lease, including any options to extend
<br /> the term hereof, will not be disturbed so long as Lessee is not in Breach hereof and attorns to the record owner of the Premises. Further, within 6C
<br /> days after the execution of this Lease. Lessor shall, if requested by Lessee, use its commercially reasonable efforts to obtain a Non-Disturbance
<br /> Agreement from the holder of any pre-existing Security Device which is secured by the Premises. In the event that Lessor is unable to provide the
<br /> Non-Dislurbance Agreement within said 60 days. then Lessee may. at Lessee's option, directly contact Lender and attempt to negotiate for the i
<br /> execution and delivery of a Non-Disturbance Agreement
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<br /> 30.4 Self-Executing. The agreements contained in this Paragraph 30 shall be effective without the execution of any further documents;
<br /> provided, however, that. upon written request from Lessor or a Lender in connection with a sale, financing or refinancing of the Premises. Lessee and
<br /> Lessor shall execute such further writings as may be reasonably required to separately document any subordination, attornment and/or
<br /> Non-Disturbance Agreement provided for herein.
<br /> 31. Attorneys'Fees. If any Party or Broker brings an action or proceeding involving the Premises whether founded in tort,contract or equity.or
<br /> to declare rights hereunder, the Prevailing Party(as hereafter defined)in any such proceeding,action,or appeal thereon,shall be entitled to reasonable
<br /> attorneys' fees. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to
<br /> decision or judgment. The term, "Prevailing Party" shall include, without limitation, a Party or Broker who substantially obtains or defeats the relief
<br /> sought, as the case may be,whether by compromise. settlement,judgment. or the abandonment by the other Party or Broker of its claim or defense.
<br /> The attorneys'fees award shall not be computed in accordance with any court fee schedule. but shall be such as to fully reimburse all attorneys'fees
<br /> reasonably incurred. In addition, Lessor shall be entitled to attorneys' fees, costs and expenses incurred in the preparation and service of notices of
<br /> Default and consultations in connection therewith,whether or not a legal action is subsequently commenced in connection with such Default or resulting
<br /> Breach($200 is a reasonable minimum per occurrence for such services and consultation),
<br /> 32. Lessor's Access; Showing Premises; Repairs. Lessor and Lessor's agents shall have the right to enter the Premises at any time.in
<br /> the case of an emergency, and otherwise at reasonable limes after reasonable prior notice for the purpose of showing the same to prospective
<br /> p hasers, lenders, or tenants, and making such alterations, repairs, improvements or additions to the Premises as Lessor may deem necessaryor
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