North, Suite 120
San Diego, California 92128
Attention:
Mr. Michael Nelson
and
Allen Matkins Leck Gamble Mallory & Natsis LLP
1901 Avenue of the Stars, Suite 1800
Los Angeles, California 90067
62
*** Confidential portions of this document have been redacted and filed
separately with the Commission.
Attention:
Anton N. Natsis, Esq.
29.19
JOINT AND SEVERAL.
IF THERE IS MORE THAN ONE TENANT, THE
OBLIGATIONS IMPOSED UPON TENANT UNDER THIS LEASE SHALL BE JOINT AND SEVERAL.
29.20
AUTHORITY.
IF TENANT IS A CORPORATION, TRUST OR PARTNERSHIP, EACH
INDIVIDUAL EXECUTING THIS LEASE ON BEHALF OF TENANT HEREBY REPRESENTS AND
WARRANTS THAT TENANT IS A DULY FORMED AND EXISTING ENTITY QUALIFIED TO DO
BUSINESS IN CALIFORNIA AND THAT TENANT HAS FULL RIGHT AND AUTHORITY TO EXECUTE
AND DELIVER THIS LEASE AND THAT EACH PERSON SIGNING ON BEHALF OF TENANT IS
AUTHORIZED TO DO SO.
IN SUCH EVENT, TENANT SHALL, WITHIN TEN (10) DAYS AFTER
EXECUTION OF THIS LEASE, DELIVER TO LANDLORD SATISFACTORY EVIDENCE OF SUCH
AUTHORITY AND, IF A CORPORATION, UPON DEMAND BY LANDLORD, ALSO DELIVER TO
LANDLORD SATISFACTORY EVIDENCE OF (I) GOOD STANDING IN TENANT'S STATE OF
INCORPORATION AND (II) QUALIFICATION TO DO BUSINESS IN CALIFORNIA.
29.21
ATTORNEYS' FEES.
IN THE EVENT THAT EITHER LANDLORD OR TENANT SHOULD
BRING SUIT FOR THE POSSESSION OF THE PREMISES, FOR THE RECOVERY OF ANY SUM DUE
UNDER THIS LEASE, OR BECAUSE OF THE BREACH OF ANY PROVISION OF THIS LEASE OR FOR
ANY OTHER RELIEF AGAINST THE OTHER, THEN ALL COSTS AND EXPENSES, INCLUDING
REASONABLE ATTORNEYS' FEES, INCURRED BY THE PREVAILING PARTY THEREIN SHALL BE
PAID BY THE OTHER PARTY, WHICH OBLIGATION ON THE PART OF THE OTHER PARTY SHALL
BE DEEMED TO HAVE ACCRUED ON THE DATE OF THE COMMENCEMENT OF SUCH ACTION AND
SHALL BE ENFORCEABLE WHETHER OR NOT THE ACTION IS PROSECUTED TO JUDGMENT.
29.22
GOVERNING LAW; WAIVER OF TRIAL BY JURY.
THIS LEASE SHALL BE
CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.
IN ANY ACTION OR PROCEEDING ARISING HEREFROM, LANDLORD AND TENANT HEREBY CONSENT
TO (I) THE JURISDICTION OF ANY COMPETENT COURT WITHIN THE STATE OF CALIFORNIA,
(II) SERVICE OF PROCESS BY ANY MEANS AUTHORIZED BY CALIFORNIA LAW, AND (III) IN
THE INTEREST OF SAVING TIME AND EXPENSE, TRIAL WITHOUT A JURY IN ANY ACTION,
PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE
OTHER OR THEIR SUCCESSORS IN RESPECT OF ANY MATTER ARISING OUT OF OR IN
CONNECTION WITH THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT, TENANT'S
USE OR OCCUPANCY OF THE PREMISES, AND/OR ANY CLAIM FOR INJURY OR DAMAGE, OR ANY
EMERGENCY OR STATUTORY REMEDY.
IN THE EVENT LANDLORD COMMENCES ANY SUMMARY
PROCEEDINGS OR ACTION FOR NONPAYMENT OF BASE RENT OR ADDITIONAL RENT, TENANT
SHALL NOT INTERPOSE ANY COUNTERCLAIM OF ANY NATURE OR DESCRIPTION (UNLESS SUCH
COUNTERCLAIM SHALL BE MANDATORY) IN ANY SUCH PROCEEDING OR ACTION, BUT SHALL BE
RELEGATED TO AN INDEPENDENT ACTION AT LAW.
29.23
SUBMISSION OF LEASE.
SUBMISSION OF THIS INSTRUMENT FOR EXAMINATION
OR