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645 N Walnut Ave. <br />'6fr6- '??i3O <br />Commercial Lease concerning: New Braunfels, TX <br />E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant <br />notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an <br />amount proportionate to the extent the leased premises are unusable. <br />29. CONDEMNATION: If after a condemnation or purchase in lieu of condemnation the leased premises are <br />totally unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or <br />purchase in lieu of condemnation the leased premises or Property are partially unusable for the purposes <br />of this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the <br />leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the <br />property of Landlord and Tenant has no claim to such proceeds or award. Tenant may seek compensation <br />from the condemning authority for its moving expenses and damages to Tenant's personal property. <br />30. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or <br />related to the transaction described in this lease is entitled to recover prejudgment interest, reasonable <br />attorney's fees, and all other costs of litigation from the nonprevailing party. <br />31. REPRESENTATIONS: <br />A. Tenant's statements in this lease and any application for rental are material representations relied upon <br />by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a <br />binding contract and is authorized to sign the lease. If Tenant makes any misrepresentation in this <br />lease or in any application for rental, Tenant is in default. <br />B. Landlord is not aware of any material defect on the Property that would affect the health and safety of <br />an ordinary person or any environmental hazard on or affecting the Property that would affect the <br />health or safety of an ordinary person, except: none <br />C. Each party and each signatory to this lease represents that: (1) it is not a person named as a Specially <br />Designated National and Blocked Person as defined in Presidential Executive Order 13224; (2) it is not <br />acting, directly or indirectly, for or on behalf of a Specially Designated and Blocked Person; and (3) is <br />not arranging or facilitating this lease or any transaction related to this lease for a Specially Designated <br />and Blocked Person. Any party or any signatory to this lease who is a Specially Designated and <br />Blocked person will indemnify and hold harmless any other person who relies on this representation <br />and who suffers any claim, damage, loss, liability or expense as a result of this representation. <br />32. BROKERS: <br />A. The brokers to this lease are: <br />Proi>erty Professionals Inc <br />Cooperating Broker License No. Principal Broker 0419563 License No. <br />421 S. Seguin Ave. <br />New Braunfels, Texas 78130 <br />Address Address <br />(830)625-8065 (830)625-3633 <br />Phone Fax Phone Fax <br />Patrick@pmpnb.com <br />E-mail E-mail <br />Cooperating Broker represents Tenant. Principal Broker: (Check only one box) <br />Q represents Landlord only. <br />? representsTenant only. <br />!? is an intermediary between Landlord and Tenant. <br />(TAR-2101) 5-26-06 Initialed for Identification by Tenant and Landlord . Page 12 of 14 <br />Produced with ZipForm:? by zip Log ix 19070 F teen Mile Rcad =racer, M cnigan 4302: w?cix.com Cit}, of San Ma