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<br /> and/or the expenses of Landlord in pursuing the discharge of the lien through judicial proceeding. At the
<br /> request of Landlord, Tenant agrees to secure a payment bond satisfactory to Landlord, securing the
<br /> payment of all amounts due to mechanics and materialmen in connection with any work to have been
<br /> done or material claimed to have furnished to Tenant in connection with alterations to the Demised
<br /> Premises.
<br /> 34. Attornev's Fees. In the event Tenant defaults in the perfonnance of any of the terms,
<br /> covenants, agreements or conditions contained in this Lease and Landlord places the enforcement of this
<br /> Lease, or any part thereof, or the collection of any rent due, or to become due hereunder, or recovery of the
<br /> possession of the Demised Premises, in the hands of an attorney, or files suit upon the same, Tenant
<br /> agrees to pay Landlord an amount equal to all Landlord's costs and expenses, including attorney's fees,
<br /> actually incurred therefor.
<br /> **E\1an Bl.ack/Ih= B::t'1Œ!r Gro.1p, Iœ.
<br /> 35. Leasing Commission. Landlord agrees to pay ** a commission for
<br /> negotiating this Lease in the amount of four percent (4%) of the Basic Ren
<br /> per:ceRt (4%) commissiotl. of the Basic neAt is to be paid for y~arR two and throe OR each anniven:ol)' datg..
<br /> if the TeAIl"t does Rat exer:eise their optioA. to cancel this Lease Agreemen+. Tenant warrants that there
<br /> are no other real estate agents or other persons or entities entitled to commission or other remuneration as
<br /> a result of this Lease and agrees to indemnify and hold Landlord hannless from claims of any other ~
<br /> p<;rson or enti not a si nato to this Lease but arisin out of this Le e One-half u n lease
<br /> si in and one-half u n occu anc of the leased remises.
<br /> 36. Claims. Any claim by Tenant arising out of or in connection with this Lense or
<br /> otherwise shall be waived unless Tenant gives Landlord written notice thereof within ninety (90) days
<br /> after the act or omission giving rise to the claim and pursues the claim by a court action commenced
<br /> within one (1) year (fo.r an action based upon a breach of contract for sale under Section 2.725 of the
<br /> Unifonn Commercial Code) or two (2) years (for other actions) of such act or omission.
<br /> In consideration of Landlord's execution of this Lease and the mutual covenants herein and, in
<br /> th~ case of any option, as consideration for the granting of said option by Landlord and as a condition of
<br /> its exercise, Tenant expressly releases Landlord from any and all claims which Tenant may have against
<br /> Landlord on the date of this Lease except only those claims, if any, expressly reserved by Tenant in a
<br /> schedule attached hereto; or. in the case of any option, Tenant releases Landlord from any and all claims
<br /> which Tenant may have against Landlord on the date of the exercise ofthat option.
<br /> 37. Force Majeure. Landlord shall not be required to perform any term, condition or
<br /> covenant in the Lease so long as such perfonnance is delayed or prevented by force majeure, which shall
<br /> mean Acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil
<br /> riot. floods and any other cause not reasonably within the control of Landlord and which, by the exercise
<br /> of due diligence, Landlord is unable, wholly or in part, to prevent or overcome. Time is otherwise of the
<br /> essence with regard to this Lease.
<br /> 3&. Exhibits. All exhibits, attachments, annexed instruments and addenda referred to
<br /> herein shall be considered a pan hereof for all purposes with the same force and effect as if copied at full
<br /> length herein.
<br /> 39. Use of Ltmguage. Words of any gender used in this Lease shall be held and construed to
<br /> include any other gender, and words in the singular shall be held' to include the plural, unless the context
<br /> otherwise requires.
<br /> 40. Entire Agreement. It is expressly agreed by Tenant, as a materia! consideration for the
<br /> execution of this Lease, that there are, and were, no verbal representations, understandings, stipulations,
<br /> agreements, warranties or promises pertaining thereto not incorporated in writing herein, and it is
<br /> likewise agreed that this Lease shall not be altered, waived, amended or extended otherwise than provided
<br /> herein, except same may be done in writing signed by the proper authority. Landlord disclaims all
<br /> warranties, expressed or implied. not specifically set forth in this Lease. Tenant's sole remedy for breach
<br /> of a warranty shall be a suit for damages, limited to the remainder of the rend due under the Lease.
<br /> 41. Severability. If any clause or provision of this Lease is illegal, invalid or llnenforceable
<br /> under present or future laws effective during the Term of this Lease, then and in that event, it is the
<br /> intention of the parties hereto that the remainder of this Lease shall not be affected thereby, and it is also
<br /> the intention of the parties to this Lease that in lieu of each clause or provision that is iI1egal, invalid or
<br /> unenforceable there be added as a part of this Lease a clause or provision as similar in terms of such
<br /> iI1egal, invalid or unenforceable clause or provision as may be possible and be legal, valid and
<br /> enforceable. The caption of each paragraph hereof is added as a matter of convenience only and shall be
<br /> considered to be of not effect in the construction of any provision or provisions of this Lease.
<br /> 42. Successors. The terms, conditions and covenants contained in this Lease, shall apply to,
<br /> inure to the benefit of, and be binding upon the parties hereto and their respective successors in interest
<br /> and legal representations except as otherwise herein expressly provided. All rights, power, privileges,
<br /> immunities and duties of Landlord under this Lease, including but not limited to any notices required or
<br /> permitted to be delivered by Landlord to Tenant hereunder, may at Lnndlord's option. be c:o;crCÎsed or
<br /> performed by Landlord's agent or attorney.
<br /> 11/12 Landlord:
<br /> Tenant:
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