THE PREMISES.
17.6
FORCE MAJEURE.
ANY PREVENTION, DELAY OR STOPPAGE OF WORK TO BE
PERFORMED BY LANDLORD OR TENANT WHICH IS DUE TO STRIKES, LABOR DISPUTES,
INABILITY TO OBTAIN LABOR, MATERIALS, EQUIPMENT OR REASONABLE SUBSTITUTES
THEREFOR, ACTS OF GOD, GOVERNMENTAL RESTRICTIONS OR REGULATIONS OR CONTROLS,
JUDICIAL ORDERS, ENEMY OR HOSTILE GOVERNMENT ACTIONS, CIVIL COMMOTION, FIRE OR
OTHER CASUALTY, OR OTHER CAUSES BEYOND THE REASONABLE CONTROL OF THE PARTY
OBLIGATED TO PERFORM HEREUNDER, SHALL EXCUSE PERFORMANCE OF THE WORK BY THAT
PARTY FOR A PERIOD EQUAL TO THE DURATION OF THAT PREVENTION, DELAY OR STOPPAGE.
NOTHING IN THIS SECTION, HOWEVER, SHALL EXCUSE OR DELAY TENANT'S OBLIGATION TO
PAY RENT OR OTHER CHARGES UNDER THIS LEASE.
17.7
COUNTERPARTS.
THIS LEASE MAY BE EXECUTED IN MULTIPLE COUNTERPARTS,
ALL OF WHICH SHALL CONSTITUTE ONE AND THE SAME LEASE.
17.8
EXECUTION OF LEASE.
NO OPTION.
THE SUBMISSION OF THIS LEASE TO
TENANT SHALL BE FOR EXAMINATION PURPOSES ONLY, AND DOES NOT AND SHALL NOT
CONSTITUTE A RESERVATION OF OR OPTION FOR TENANT TO LEASE, OR OTHERWISE CREATE
ANY INTEREST OF TENANT IN THE PREMISES OR ANY OTHER PREMISES WITHIN THE
UNIVERSITY PROJECT.
EXECUTION OF THIS LEASE BY TENANT AND ITS RETURN TO
LANDLORD SHALL NOT BE BINDING ON LANDLORD NOTWITHSTANDING ANY TIME INTERVAL,
UNTIL LANDLORD HAS IN FACT SIGNED AND DELIVERED THIS LEASE TO TENANT.
19
17.9
FURTHER ASSURANCES.
THE PARTIES AGREE TO PROMPTLY SIGN ALL
DOCUMENTS REASONABLY REQUESTED TO GIVE EFFECT TO THE PROVISIONS OF THIS LEASE.
17.10
MORTGAGEE PROTECTION.
TENANT AGREES TO SEND BY CERTIFIED OR
REGISTERED MAIL TO ANY FIRST DEED OF TRUST BENEFICIARY OF LANDLORD WHOSE ADDRESS
HAS BEEN FURNISHED TO TENANT, A COPY OF ANY NOTICE OF DEFAULT SERVED BY TENANT
ON LANDLORD.
IF LANDLORD FAILS TO CURE SUCH DEFAULT WITHIN THE TIME PROVIDED
FOR IN THIS LEASE, SUCH BENEFICIARY SHALL HAVE AN ADDITIONAL THIRTY (30) DAYS TO
CURE SUCH DEFAULT; PROVIDED THAT IF SUCH DEFAULT CANNOT REASONABLY BE CURED
WITHIN THAT THIRTY (30) DAY PERIOD, THEN SUCH BENEFICIARY SHALL HAVE SUCH
ADDITIONAL TIME TO CURE THE DEFAULT AS IS REASONABLY NECESSARY UNDER THE
CIRCUMSTANCES.
17.11
EXPENSES OF LITIGATION.
IF EITHER PARTY INCURS ANY EXPENSE,
INCLUDING REASONABLE ATTORNEY'S FEES, IN CONNECTION WITH ANY ACTION INSTITUTED
BY EITHER PARTY BY REASON OF ANY DISPUTE UNDER THIS LEASE OR ANY DEFAULT OR
ALLEGED DEFAULT OF THE OTHER PARTY, THE PARTY PREVAILING IN SUCH ACTION SHALL BE
ENTITLED TO RECOVER ITS REASONABLE EXPENSES FROM THE OTHER PARTY.
17.12
TENANT'S CERTIFICATES.
TENANT AGREES AT ANY TIME FROM TIME TO TIME,
WITHIN TWENTY (20) DAYS OF RECEIPT OF WRITTEN REQUEST FROM LANDLORD, TO EXECUTE,
ACKNOWLEDGE AND DELIVER TO LANDLORD A STATEMENT IN WRITING CERTIFYING: (A) THAT
THIS LEASE IS UNMODIFIED AND IN FULL FORCE AND EFFECT OR IF THERE HAVE BEEN
MODIFICATIONS, THAT THIS LEASE IS IN FULL FORCE AND EFFECT AS MODIFIED AND
STATING THE MODIFICATIONS; (B) AS TO THE COMMENCEMENT DATE AND EXPIRATION DATE
OF THE TERM; (C) AS TO THE DATES TO WHICH THE RENT AND OTHER CHARGES HEREUNDER
HAVE BEEN