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 BROKERS A COMMISSION IN CONNECTION WITH
THE EXECUTION OF THIS LEASE
57
PURSUANT TO A SEPARATE AGREEMENT BETWEEN AND/OR AMONG 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, AND 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 THE INDEMNIFYING PARTY'S DEALINGS
WITH ANY REAL ESTATE BROKER OR AGENT OTHER THAN THE BROKERS.
THE TERMS OF THIS
SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.
26.25
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.
TENANT FURTHER AGREES THAT IF LANDLORD FAILS TO PERFORM ANY OF
ITS OBLIGATIONS
SET FORTH IN THIS LEASE, TENANT SHALL NOT BE ENTITLED TO MAKE ANY REPAIRS OR
PERFORM ANY ACTS HEREUNDER AT LANDLORD'S EXPENSE OR TO ANY SETOFF OF THE RENT OR
OTHER AMOUNTS OWING HEREUNDER AGAINST LANDLORD; PROVIDED, HOWEVER, THAT THE
FOREGOING SHALL IN NO WAY IMPAIR TENANT'S EXPRESS RIGHTS AS STATED ELSEWHERE IN
THIS LEASE; PROVIDED, FURTHER, HOWEVER, THAT THE FOREGOING SHALL ALSO NOT IMPAIR
THE RIGHT OF TENANT TO COMMENCE A SEPARATE ACTION AGAINST LANDLORD FOR ANY
VIOLATION BY LANDLORD OF THE PROVISIONS HEREOF SO LONG AS NOTICE IS FIRST GIVEN
TO LANDLORD AND ANY HOLDER OF A MORTGAGE OR DEED OF TRUST COVERING THE BUILDING,
REAL PROPERTY OR ANY PORTION THEREOF, OF WHOSE ADDRESS TENANT HAS THERETOFORE
BEEN NOTIFIED, AND AN OPPORTUNITY IS GRANTED TO LANDLORD AND SUCH HOLDER TO
CORRECT SUCH VIOLATIONS AS PROVIDED ABOVE.
26.26
BUILDING NAME AND SIGNAGE; RESTRICTIONS ON LEASING.
LANDLORD SHALL
HAVE THE RIGHT AT ANY TIME TO CHANGE OR DESIGNATE THE NAME OF THE BUILDING, ANY
OTHER BUILDINGS IN THE REAL PROPERTY AND/OR THE REAL PROPERTY, AND TO INSTALL,
AFFIX AND MAINTAIN ANY AND ALL SIGNS ON THE EXTERIOR OF THE BUILDING, ANY OTHER
BUILDINGS IN THE REAL PROPERTY AND/OR THE REAL PROPERTY AND IN THE INTERIOR OF
THE BUILDING.
NOTWITHSTANDING THE FOREGOING, LANDLORD AGREES THAT DURING ANY
PERIOD OF TIME THAT TENANT IS NOT IN MONETARY OR MATERIAL NON-MONETARY DEFAULT
UNDER THIS LEASE (AFTER EXPIRATION OF THE APPLICABLE NOTICE AND CURE PERIOD),
LANDLORD SHALL NOT:
(I) ENTER INTO A DIRECT LEASE FOR SPACE WITHIN THE BUILDING
(OR BUILDING G) WITH ANY TENANT WHOSE PRIMARY BUSINESS IS AN INTERNET SERVICE
PROVIDER (BUT SUCH RESTRICTION SHALL NOT PERTAIN TO ANY ASSIGNMENT OR SUBLEASE
BY