DEEMED OR CONSTRUED TO LIMIT OR OTHERWISE
AFFECT LANDLORD'S RIGHT TO CONVEY ALL OR ANY PORTION OF THE PROJECT OR ANY OTHER
OF LANDLORD'S RIGHTS DESCRIBED IN THIS LEASE.
29.33.3
CONSTRUCTION OF PROJECT AND OTHER IMPROVEMENTS.
TENANT
ACKNOWLEDGES THAT PORTIONS OF THE PROJECT AND/OR THE OTHER IMPROVEMENTS MAY BE
UNDER CONSTRUCTION FOLLOWING TENANT'S OCCUPANCY OF THE PREMISES, AND THAT SUCH
CONSTRUCTION MAY RESULT IN LEVELS OF NOISE, DUST, OBSTRUCTION OF ACCESS, ETC.
WHICH ARE IN EXCESS OF THAT PRESENT IN A FULLY CONSTRUCTED PROJECT, PROVIDED
THAT LANDLORD HEREBY AGREES THAT IT WILL USE COMMERCIALLY REASONABLE EFFORTS TO
MINIMIZE ANY DISRUPTION TO TENANT'S USE OF THE PREMISES FOR THE PERMITTED USE
THAT MAY BE CAUSED BY THE FOREGOING.
TENANT HEREBY WAIVES ANY AND ALL RENT
OFFSETS OR CLAIMS OF CONSTRUCTIVE EVICTION WHICH MAY ARISE IN CONNECTION WITH
SUCH CONSTRUCTION.
29.34
ARBITRATION.
29.34.1
GENERAL SUBMITTALS TO ARBITRATION.
THE SUBMITTAL OF ALL MATTERS
TO ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION 29.34 IS THE
SOLE AND EXCLUSIVE METHOD, MEANS AND PROCEDURE TO RESOLVE ANY AND ALL CLAIMS,
DISPUTES OR DISAGREEMENTS ARISING UNDER THIS LEASE, INCLUDING, BUT NOT LIMITED
TO ANY MATTER RELATING TO LANDLORD'S FAILURE TO APPROVE AN ASSIGNMENT, SUBLEASE
OR OTHER TRANSFER OF TENANT'S INTEREST IN THE LEASE UNDER ARTICLE 14 OF THIS
LEASE, ANY OTHER DEFAULTS BY LANDLORD, OR ANY TENANT DEFAULT, EXCEPT FOR (I) ALL
CLAIMS BY EITHER PARTY WHICH (A) SEEK ANYTHING OTHER THAN ENFORCEMENT OF RIGHTS
UNDER THIS LEASE, OR (B) ARE PRIMARILY FOUNDED UPON MATTERS OF FRAUD, WILLFUL
MISCONDUCT, BAD FAITH OR ANY OTHER ALLEGATIONS OF TORTIOUS ACTION, AND SEEK THE
AWARD OF PUNITIVE OR EXEMPLARY DAMAGES, (II) ALL CLAIMS BY EITHER PARTY ARISING
FROM THE DETERMINATION OF FAIR MARKET RENTAL RATE, AND (III) CLAIMS RELATING TO
50
LANDLORD'S EXERCISE OF ANY UNLAWFUL DETAINER RIGHTS PURSUANT TO CALIFORNIA LAW
OR RIGHTS OR REMEDIES USED BY LANDLORD TO GAIN POSSESSION OF THE PREMISES OR
TERMINATE TENANT'S RIGHT OF POSSESSION TO THE PREMISES, WHICH DISPUTES SHALL BE
RESOLVED BY SUIT FILED IN THE SUPERIOR COURT OF LOS ANGELES COUNTY, CALIFORNIA,
THE DECISION OF WHICH COURT SHALL BE SUBJECT TO APPEAL PURSUANT TO APPLICABLE
LAWS.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO THE CONTRARY
AND SHALL AT ALL TIMES CONDUCT THEMSELVES IN STRICT, FULL, COMPLETE AND TIMELY
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION 29.34 AND ALL ATTEMPTS TO
CIRCUMVENT THE TERMS AND CONDITIONS OF THIS SECTION 29.34 SHALL BE ABSOLUTELY
NULL AND VOID AND OF NO FORCE OR EFFECT WHATSOEVER.
AS TO ANY MATTER SUBMITTED
TO ARBITRATION (EXCEPT WITH RESPECT TO THE PAYMENT OF MONEY) TO DETERMINE
WHETHER A MATTER WOULD, WITH THE PASSAGE OF TIME, CONSTITUTE A DEFAULT, SUCH
PASSAGE OF TIME SHALL NOT COMMENCE TO RUN UNTIL ANY SUCH AFFIRMATIVE ARBITRATED
DETERMINATION, AS LONG AS IT IS SIMULTANEOUSLY DETERMINED IN SUCH ARBITRATION
THAT THE CHALLENGE OF SUCH MATTER AS A POTENTIAL TENANT DEFAULT OR LANDLORD
DEFAULT WAS MADE IN GOOD FAITH.
AS TO ANY MATTER SUBMITTED TO ARBITRATION WITH
RESPECT TO