THEREIN
SHALL BE PAID BY THE OTHER PARTY, WHICH OBLIGATION ON THE PART OF THE OTHER
PARTY SHALL BE DEEMED TO HAVE ACCRUED ON THE DATE OF THE COMMENCEMENT OF SUCH
ACTION AND SHALL BE ENFORCEABLE WHETHER OR NOT THE ACTION IS PROSECUTED TO
JUDGMENT.
29.21
GOVERNING LAW; WAIVER OF TRIAL BY JURY.
THIS LEASE
SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
CALIFORNIA.
IN ANY ACTION OR PROCEEDING ARISING HEREFROM, LANDLORD AND TENANT
HEREBY CONSENT TO (I) THE JURISDICTION OF ANY COMPETENT COURT WITHIN THE STATE
OF CALIFORNIA, (II) SERVICE OF PROCESS BY ANY MEANS AUTHORIZED BY CALIFORNIA
LAW, AND (III) IN THE INTEREST OF SAVING TIME AND EXPENSE, TRIAL WITHOUT A JURY
IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES
HERETO AGAINST THE OTHER OR THEIR SUCCESSORS IN RESPECT OF ANY MATTER ARISING
OUT OF OR IN CONNECTION WITH THIS LEASE, THE RELATIONSHIP OF LANDLORD AND
TENANT, TENANT'S USE OR OCCUPANCY OF THE PREMISES, AND/OR ANY CLAIM FOR INJURY
OR DAMAGE, OR ANY EMERGENCY OR STATUTORY REMEDY.
29.22
SUBMISSION OF LEASE.
SUBMISSION OF THIS INSTRUMENT
FOR EXAMINATION OR SIGNATURE BY TENANT DOES NOT CONSTITUTE A RESERVATION OF,
OPTION FOR OR OPTION TO LEASE, AND IT IS NOT EFFECTIVE AS A LEASE OR OTHERWISE
UNTIL EXECUTION AND DELIVERY BY BOTH LANDLORD AND TENANT.
29.23
BROKERS.
LANDLORD AND TENANT HEREBY WARRANT TO EACH
OTHER THAT THEY HAVE HAD NO DEALINGS WITH ANY REAL ESTATE BROKER OR AGENT IN
CONNECTION WITH THE NEGOTIATION OF THIS LEASE, EXCEPTING ONLY THE REAL ESTATE
BROKERS OR AGENTS SPECIFIED IN SECTION 12 OF THE SUMMARY (THE "BROKERS"), AND
THAT THEY KNOW OF NO OTHER REAL ESTATE BROKER OR AGENT WHO IS ENTITLED TO A
COMMISSION IN CONNECTION WITH THIS LEASE.
LANDLORD SHALL PAY THE BROKERAGE
COMMISSIONS OWING TO THE BROKERS IN CONNECTION WITH THE TRANSACTION CONTEMPLATED
BY THIS LEASE PURSUANT TO THE TERMS OF SEPARATE WRITTEN AGREEMENTS BETWEEN
LANDLORD AND THE BROKERS.
EACH PARTY AGREES TO INDEMNIFY AND DEFEND THE OTHER
PARTY AGAINST AND HOLD THE OTHER PARTY HARMLESS FROM ANY AND ALL CLAIMS,
DEMANDS, LOSSES, LIABILITIES, LAWSUITS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING
WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) WITH RESPECT TO ANY LEASING
COMMISSION OR EQUIVALENT COMPENSATION ALLEGED TO BE OWING ON ACCOUNT OF ANY
DEALINGS WITH ANY REAL ESTATE BROKER OR AGENT, OTHER THAN THE BROKERS, OCCURRING
BY, THROUGH, OR UNDER THE INDEMNIFYING PARTY.
LANDLORD SHALL, AND TENANT SHALL
NOT, PAY ALL FEES DUE THE BROKERS PURSUANT TO SEPARATE WRITTEN AGREEMENTS
BETWEEN LANDLORD AND THE BROKERS (EACH, A "WRITTEN AGREEMENT").
THE TERMS AND
CONDITIONS OF THIS SECTION 29.23 SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THE LEASE TERM.
29.24
INDEPENDENT COVENANTS.
THIS LEASE SHALL BE CONSTRUED
AS THOUGH THE COVENANTS HEREIN BETWEEN LANDLORD AND TENANT ARE INDEPENDENT AND
NOT DEPENDENT AND TENANT HEREBY EXPRESSLY WAIVES THE BENEFIT OF ANY STATUTE TO
THE CONTRARY AND AGREES THAT IF LANDLORD FAILS TO PERFORM ITS OBLIGATIONS SET
FORTH HEREIN, TENANT SHALL NOT BE ENTITLED TO MAKE