all compensation which is
payable therefor. In the event that this Lease is not terminated by reason of
the Condemnation, Lessor shall repair any damage to the Premises caused by such
Condemnation.
15.
Brokerage Fees.
15.1
Additional Commission. In addition to the payments owed pursuant
to Paragraph 1.10 above, and-unless-L-essorand4he-Brokers otherwise
egree-in--willing-L-esser-egrees-that-(eH)-if-L-essee-exercises
eny-8ptienr(b)-if Leoseeasquifes-from-L-essetany-rights-to-the-PFemisesar
other-premisesawned-by-Lessor-and-loeated-within-thc
Projectr(e-ifLessee-remains-in-possession-ef-the-Premisesrwith-the-eonsent-of-L-essor-after
the-expitathm-efthis-Leasemer-0:1)4-Base-Rent-is-Increased-whether-byagreementar-eperation-of
an-essalation-douse-here in-then4essorahall-pay
Brokersa-fee-inaecordence-with-the
seheduleafthe-Brokers-in-effeetat-Hre-timeafthe exesutien-ef-this-L-ease:
15.2
,
16,
22
end-34 - If-L-essor4ails-to-pay-to-Brokers any-emote nts-d
usasand-for-bteketage-fees-pertaining-tathis-L-ease-when-deerthen-sushameunts-shalkeesme-I
ntefest - lnaddiho nmif-L-esse
r-fails-to payanyamounts-te-L-essee's-Broker-when-duerL-essee's-Broker-may-send-written-netiec
to L-essorand-Lessee-of-such-failureand-if-L-esser-fails-to-pay
such-ameents-within
1-0-daysaftet-said-Reusemhessee-shall-pay-said-monies-te4ts-Bteher-and-effset-seehamounts-against-Reh
lreadditiot-Lessee's
Broker-shall-be-deemed-to-be a
third-pally-benefisiaty-efany-sommissienagreemeet-
entered-into-byandler-between-L-esserand-L-esseF's-Breker4er-the
limited-purposeaFsolleetinganybrokefag e-fee-swede
15.3
Representations and Indemnities of Broker Relationships. Lessee
and Lessor each represent and warrant to the other that it has had no dealings
with any person, firm, broker or finder (other than the Brokers, if any) in
connection with this Lease, and that no one other than said named Brokers is
entitled to any commission or finder's
fee in connection herewith. Lessee and Lessor do each hereby agree to indemnify,
protect, defend and hold the other harmless from and against liability for
compensation or charges which may be claimed by any such unnamed broker, finder
or other similar party by reason of any dealings or actions of the indemnifying
Party, including any costs, expenses, attorneys' fees reasonably incurred with
respect thereto.
Page 24 of 33
/s/
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INITIALS
INITIALS
©1998 - AIR COMMERCIAL REAL ESTATE ASSOCIATION
FORM MTG-4-5/50E
16.
Estoppel Certificates.
(a) Baeh-Patty Lessee (as "Responding Party") shall within 10 days after written
notice from the other-Party Lessor. (the "Requesting Party") execute,
acknowledge and deliver to the Requesting Party a statement in writing in form
similar to the then most current "Estoppel Certificate" form published by the
AIR Commercial Real Estate Association, or any other estoppel form requested by
Lessor, plus such additional information, confirmation and/or statements as may
be reasonably requested by the Requesting Party.
(b) If the Responding Party shall fail to execute or deliver the Estoppel
Certificate within such 10 day period, the Requesting-Party may execute an
Estoppel Certificate stating that (I) the Lease is in full force and effect
without modification except as may be represented by the Requesting Party, (ii)
there are no uncured defaults in the Requesting Party's performance, and (iii)
if Lessor is the Requesting Party, not more than one month's rent has been paid
in advance. Prospective purchasers and encumbrancers may rely upon the
Requesting Party's Estoppel Certificate, and the Responding Party shall be
estopped from denying the truth of the facts contained in said Certificate.
(c) If Lessor desires to finance, refinance, or sell the Premises, or any part
thereof, Lessee and all Guarantors shall deliver to any potential lender or
purchaser designated by Lessor such financial statements as maybe reasonably
required by such lender or purchaser, Including but not limited to Lessee's
financial statements for the past 3 years. Lessor reserves the right during the
Lease term to re-verify credit data of any two previously provided by Lessee or
have Lessee provide updated credit data to Leeesor upon writen request. All such
financial statements