OF ENVIRONMENTAL LAWS THAT RELATE TO THE
PROJECT.
(G)
LESSOR'S ENVIRONMENTAL INDEMNITY.
LESSOR AGREES TO INDEMNIFY AND
HOLD LESSEE HARMLESS FROM ANY LIABILITIES, LOSSES, CLAIMS, DAMAGES, PENALTIES,
FINES, ATTORNEY FEES, EXPERT FEES, COURT COSTS, REMEDIATION COSTS, INVESTIGATION
COSTS, OR OTHER EXPENSES RESULTING FROM OR ARISING OUT OF THE USE, STORAGE,
TREATMENT, TRANSPORTATION, RELEASE, PRESENCE, GENERATION, OR DISPOSAL OF
HAZARDOUS MATERIALS ON, FROM OR ABOUT THE PREMISES, AND/OR SUBSURFACE OR GROUND
WATER PRIOR TO THE COMMENCEMENT DATE OR CAUSED BY LESSOR (OR LESSOR'S
SUCCESSOR), ITS AGENTS OR EMPLOYEES.
SECTION 17.23.
MODIFICATIONS REQUIRED BY LESSOR'S LENDER.
IF ANY LENDER
OF LESSOR REQUIRES A MODIFICATION OF THIS LEASE THAT WILL NOT INCREASE LESSEE'S
COST OR EXPENSE OR MATERIALLY AND ADVERSELY CHANGE LESSEE'S RIGHTS AND
OBLIGATIONS, THIS LEASE SHALL BE SO MODIFIED AND LESSEE SHALL EXECUTE WHATEVER
DOCUMENTS ARE REQUIRED BY SUCH LENDER AND DELIVER THEM TO LESSOR WITHIN TEN (10)
DAYS AFTER THE REQUEST.
SECTION 17.24.
NO BROKERS.
LESSOR AND LESSEE EACH REPRESENTS TO THE
OTHER THAT IT HAS HAD NO DEALINGS WITH ANY REAL ESTATE BROKER OR AGENT IN
CONNECTION WITH THE NEGOTIATION OF THIS LEASE, AND THAT THEY KNOW OF NO OTHER
REAL ESTATE BROKER OR AGENT WHO IS ENTITLED TO A COMMISSION OR FINDER'S FEE IN
CONNECTION WITH THIS LEASE.
EACH PARTY SHALL INDEMNIFY, PROTECT, DEFEND, AND
HOLD HARMLESS THE OTHER PARTY AGAINST ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES,
LAWSUITS, JUDGMENTS, AND COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES)
FOR ANY LEASING COMMISSION, FINDER'S FEE, OR EQUIVALENT COMPENSATION ALLEGED TO
BE OWING ON ACCOUNT OF THE INDEMNIFYING PARTY'S DEALINGS WITH ANY REAL ESTATE
BROKER OR AGENT.
THE TERMS OF THIS SECTION 17.24 SHALL SURVIVE THE EXPIRATION
OR EARLIER TERMINATION OF THE LEASE TERM.
SECTION 17.25.
ACKNOWLEDGMENT OF NOTICES.
LESSOR HAS PROVIDED AND LESSEE
HEREBY ACKNOWLEDGES RECEIPT OF THE NOTICES ATTACHED AS EXHIBITS J AND K HERETO,
CONCERNING THE PRESENCE OF CERTAIN USES AND OPERATIONS OF NEIGHBORING PARCELS OF
LAND.
37
SECTION 17.26.
LIST OF EXHIBITS.
EXHIBIT A:
Real Property Legal Description, Site Plan, and Building Elevations
EXHIBIT B:
Plans and Specifications for Shell Building [Intentionally Omitted]
EXHIBIT C:
Work Letter Agreement for Tenant Improvements and Interior Specification
Standards [Intentionally Omitted]
EXHIBIT D:
Cost Responsibilities of Lessor and Lessee [Intentionally Omitted]
EXHIBIT E:
Memorandum of Commencement of Lease Term and Schedule of Base Rent
EXHIBIT F:
SNDA
EXHIBIT G:
Signage Exhibit
EXHIBIT H:
Guaranty of Lease [Intentionally Omitted]
EXHIBIT I:
Hazardous Materials Disclosure
EXHIBIT J:
Notice to Tenants
EXHIBIT K:
Notice to Tenants
EXHIBIT L:
Rules and Regulations
EXHIBIT M:
Warm Shell Improvements [Intentionally Omitted]
38
LESSOR AND LESSEE EACH HAS CAREFULLY READ AND HAS REVIEWED THIS LEASE AND BEEN
ADVISED BY LEGAL COUNSEL OF ITS OWN CHOOSING AS TO EACH TERM AND PROVISION
CONTAINED HEREIN AND, BY EXECUTION OF THIS LEASE, SHOWS ITS INFORMED AND
VOLUNTARY CONSENT THERETO.
EACH PARTY HEREBY AGREES THAT, AT THE TIME THIS
LEASE IS EXECUTED, THE TERMS AND CONDITIONS OF THIS LEASE ARE COMMERCIALLY
REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND