A MINIMUM OF 1.5 TIMES THE GROSS RENT WHICH
LESSEE WAS OBLIGATED TO PAY FOR THE MONTH IMMEDIATELY PRECEDING THE END OF THE
TERM OF THIS LEASE AGREEMENT FOR EACH MONTH OR ANY PART THEREOF, OF ANY SUCH
HOLDOVER PERIOD.
IN THE EVENT OF HOLDING OVER BY LESSEE AFTER EXPIRATION OR
TERMINATION OF THIS LEASE AGREEMENT WITHOUT THE WRITTEN CONSENT OF LESSOR,
LESSEE SHALL BE IN BREACH OF THIS LEASE AND LESSOR SHALL BE ENTITLED TO ALL OF
ITS RIGHTS AND REMEDIES UNDER THIS LEASE, IN LAW, OR IN EQUITY.
NO HOLDING OVER
BY LESSEE AFTER THE TERM OF THIS LEASE AGREEMENT SHALL OPERATE TO EXTEND THE
LEASE TERM; IN THE EVENT OF ANY UNAUTHORIZED HOLDING OVER, LESSEE SHALL
INDEMNIFY LESSOR AGAINST ALL CLAIMS FOR DAMAGES BY ANY OTHER TENANT TO WHOM
LESSOR MAY HAVE LEASED ALL OR ANY PART OF THE LEASED PREMISES COVERED HEREBY
EFFECTIVE UPON THE TERMINATION OF THE LEASE AGREEMENT.
26.
SUBORDINATION.
IT IS MUTUALLY AGREED THAT THIS LEASE SHALL BE
SUBORDINATE TO ANY AND ALL MORTGAGES, GROUND LEASES, OTHER SECURITIES, OR THE
INTERESTS OF FINANCIAL PARTICIPANTS, INCLUDING ANY RENEWAL, MODIFICATIONS,
CONSOLIDATIONS, REPLACEMENTS AND EXTENSIONS THEREOF NOW OR HEREAFTER RECORDED
AGAINST THE LEASE PREMISES BY THE LESSOR.
LESSEE SHALL, IN THE EVENT OF ANY
PROCEEDINGS BROUGHT FOR THE FORECLOSURE OF, OR IN THE EVENT OF EXERCISE OF THE
POWER OF SALE UNDER, ANY MORTGAGE MADE BY LESSOR COVERING THE PREMISES, ATTORN
TO THE PURCHASER AND RECOGNIZE SUCH PURCHASER AS LESSOR UNDER THIS LEASE.
27.
EXHIBITS.
ANY AND ALL EXHIBITS ATTACHED TO THIS AGREEMENT SHALL
BE A PART OF THIS AGREEMENT AND ANY AMENDMENTS HERETO SHALL BE IN WRITING AND
EXECUTED BY BOTH LESSOR AND LESSEE.
28.
ESTOPPEL CERTIFICATE.
LESSEE SHALL AT ANY TIME AND FROM TIME TO
TIME, UPON NOT LESS THAN THREE (3) DAYS' PRIOR WRITTEN NOTICE FROM LESSOR,
EXECUTE, ACKNOWLEDGE AND DELIVER TO LESSOR A STATEMENT IN WRITING CERTIFYING
(A) THAT THIS LEASE IS IN FULL FORCE AND UNMODIFIED (OR, IF MODIFIED, STATING
THE NATURE OF SUCH MODIFICATION), (B) THE DATE TO WHICH RENTAL AND OTHER CHARGES
PAYABLE HEREUNDER HAVE BEEN PAID IN ADVANCE, IF ANY, AND (C) THAT THERE ARE, TO
LESSEE'S KNOWLEDGE, NO UNCURED DEFAULTS ON THE PART OF LESSOR HEREUNDER (OR
SPECIFYING SUCH DEFAULTS IF ANY ARE CLAIMED).
ANY SUCH STATEMENT MAY BE
FURNISHED TO AND RELIED UPON BY ANY PROSPECTIVE PURCHASER, LESSEE OR
ENCUMBRANCER OF ALL OR ANY PORTION OF THE PROJECT.
29.
SUBMISSION.
THE SUBMISSION OF THIS DOCUMENT FOR EXAMINATION DOES
NOT CONSTITUTE AN OPTION OR OFFER TO LEASE SPACE, OR RESERVATION OF SPACE.
THIS
DOCUMENT SHALL HAVE NO BINDING EFFECT ON THE PARTIES UNLESS EXECUTED BY THE
LESSOR AND THE LESSEE AND A FULLY EXECUTED COPY IS DELIVERED TO THE LESSEE.
THE
LESSEE IS SOLELY AT RISK FOR ANY BUSINESS DECISIONS, PURCHASES MADE, OR
CONTRACTS ENTERED INTO, IN RELATION TO THE PRESENTATION OF THIS LEASE DOCUMENT.
30.
PREPAYMENT OF RENT.
LESSEE SHALL, CONTEMPORANEOUSLY WITH THE
EXECUTION OF THIS LEASE, PAY TO LESSOR ONE MONTH'S BASE RENT, OPERATING COSTS,