AND DISBURSEMENTS) IN REVIEWING, EXECUTING, RECORDING
OR OBTAINING ANY OF THE ITEMS DESCRIBED IN THIS SECTION 25.11(B), OR ANY OTHER
ANY MATERIALS OR INSTRUMENTS PURSUANT TO THIS SECTION 25.11(B), PROVIDED THAT
ANY SPECIFIC, MORE LIMITING PROVISION OF SECTION 25.11(B) ABOVE SHALL GOVERN
OVER THE GENERAL PROVISIONS OF THIS CLAUSE (V).
SECTION 25.12.
NO JOINT VENTURE.
ANY INTENTION TO CREATE A JOINT VENTURE OR
PARTNERSHIP RELATION BETWEEN LESSOR AND LESSEE IS HEREBY EXPRESSLY DISCLAIMED.
SECTION 25.13.
NO MERGER.
THERE SHALL BE NO MERGER OF THIS LEASE OR OF THE
LEASEHOLD ESTATE CREATED HEREBY WITH THE FEE OR ANY OTHER ESTATE OR INTEREST OR
OWNERSHIP INTEREST IN THE PROPERTY OR ANY PART THEREOF BY REASON OF THE FACT
THAT THE SAME PERSON MAY ACQUIRE OR OWN OR HOLD, DIRECTLY OR INDIRECTLY, TWO OR
MORE OF SUCH ESTATES OR ANY PART THEREOF.
SECTION 25.14.
LESSOR BANKRUPTCY.
THE PARTIES AGREE THAT IF LESSEE ELECTS TO
REMAIN IN POSSESSION OF THE PROPERTY AFTER THE REJECTION OF THIS LEASE BY LESSOR
UNDER SECTION 365(H) OF THE BANKRUPTCY CODE ALL OF THE TERMS AND PROVISIONS OF
THIS LEASE SHALL BE EFFECTIVE DURING SUCH PERIOD OF POSSESSION BY LESSEE,
INCLUDING THE RENEWAL TERMS EVEN IF LESSOR BECOMES SUBJECT TO A CASE OR
PROCEEDING UNDER THE BANKRUPTCY CODE PRIOR TO THE COMMENCEMENT OF ANY SUCH
RENEWAL TERM OR THE TIME FOR THE EXERCISE OF ANY SUCH RIGHTS.
SECTION 25.15.
EXPENSES; REIMBURSEMENTS AND REQUIREMENTS FOR REQUESTING SAME.
EACH PARTY WILL PAY ITS OWN EXPENSES IN CONNECTION WITH NEGOTIATING AND ENTERING
INTO THIS LEASE, INCLUDING ITS OWN LEGAL FEES AND EXPENSES. WHENEVER THIS LEASE
PROVIDES FOR THE REIMBURSEMENT BY LESSEE OF FEES, COSTS AND EXPENSES OF LESSOR
OR ANY OTHER PARTY, THEN SUCH REIMBURSEMENT OBLIGATION SHALL BE LIMITED TO
REASONABLE ACTUAL, OUT-OF POCKET
52
THIRD-PARTY COSTS AND EXPENSES AND ANY REQUEST FOR REIMBURSEMENT, FOR IT TO BE
EFFECTIVE, MUST BE ACCOMPANIED WITH REASONABLE THIRD-PARTY DOCUMENTATION AS TO
THE BASIS OF THE EXPENDITURE FOR WHICH SUCH REIMBURSEMENT IS REQUESTED.
SECTION 25.16.
FURTHER ASSURANCES.
EACH OF LESSOR AND LESSEE, AT THE COST AND
EXPENSE OF THE REQUESTING PARTY, WILL CAUSE TO BE PROMPTLY AND DULY TAKEN,
EXECUTED, ACKNOWLEDGED AND DELIVERED ALL SUCH FURTHER ACTS, DOCUMENTS AND
ASSURANCES AS ANY OF THE OTHERS REASONABLY MAY REQUEST FROM TIME TO TIME IN
ORDER TO CARRY OUT MORE EFFECTIVELY THE INTENT AND PURPOSES OF THIS LEASE.
SECTION 25.17.
HOLDOVER.
IF LESSEE SHALL CONTINUE TO OCCUPY THE PROPERTY AFTER
THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE, THEN FOR A PERIOD OF NOT
GREATER THAN ONE HUNDRED AND EIGHTY (180) DAYS, LESSEE SHALL BE DEEMED TO BE A
HOLDOVER ON A MONTH-TO-MONTH BASIS AND THE BASE NET RENT SHALL BE ONE HUNDRED
FIFTY PERCENT (150%) OF THE BASE NET RENT IN EFFECT IMMEDIATELY PRIOR TO THE
HOLDOVER PERIOD AND SUCH BASE NET RENT PAYMENT SHALL BE IN LIEU OF ANY OTHER
DAMAGES OR PAYMENTS THAT MAY BE OWED TO LESSOR BY REASON OF LESSEE'S HOLDOVER.
THIS SECTION 25.17 DOES NOT AMOUNT TO A WAIVER OF LESSOR'S