OTHER
AGREEMENTS REFERRED TO HEREIN CONTAIN THE ENTIRE AGREEMENT BETWEEN THE PARTIES
REGARDING THE SUBJECT MATTER HEREOF. ANY PRIOR OR CONTEMPORANEOUS ORAL
REPRESENTATIONS, AGREEMENTS, UNDERSTANDINGS AND/OR STATEMENTS SHALL BE OF NO
FORCE AND EFFECT.
21.8
WAIVER; AMENDMENT. NO MODIFICATION, WAIVER,
AMENDMENT, DISCHARGE OR CHANGE OF THIS LEASE SHALL BE VALID UNLESS THE SAME IS
IN WRITING AND SIGNED BY THE PARTY AGAINST WHOM THE ENFORCEMENT OF SUCH
MODIFICATION, WAIVER, AMENDMENT, DISCHARGE OR CHANGE IS OR MAY BE SOUGHT.
21.9
ATTORNEY'S FEES. IF EITHER PARTY RETAINS AN
ATTORNEY TO ENFORCE THIS LEASE, THE PREVAILING PARTY SHALL BE ENTITLED TO
RECOVER, IN ADDITION TO ALL OTHER ITEMS OF RECOVERY PERMITTED BY LAW, REASONABLE
ATTORNEYS' FEES AND COSTS INCURRED THROUGH LITIGATION, BANKRUPTCY PROCEEDINGS
AND ALL APPEALS.
35
21.10
TIME. TIME IS OF THE ESSENCE OF EACH OBLIGATION OF
EACH PARTY HEREUNDER.
21.11
GOVERNING LAW. THIS LEASE SHALL BE CONSTRUED AND
ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO
ITS RULES RELATING TO CONFLICTS OF LAWS.
21.12
BINDING EFFECT. SUBJECT TO ANY PROVISION OF THIS LEASE
THAT MAY PROHIBIT OR CURTAIL ASSIGNMENT OF ANY RIGHTS HEREUNDER, THIS LEASE
SHALL BIND AND INURE TO THE BENEFIT OF THE PARTIES AND THEIR RESPECTIVE
SUCCESSORS AND PERMITTED ASSIGNS.
21.13
SEVERABILITY. IF ANY TERM, PROVISION, COVENANT OR
CONDITION OF THIS LEASE IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE
INVALID, VOID OR UNENFORCEABLE, THE REMAINDER OF THE PROVISIONS SHALL REMAIN IN
FULL FORCE AND EFFECT AND SHALL IN NO WAY BE AFFECTED, IMPAIRED OR INVALIDATED.
21.14
COUNTERPARTS. THIS LEASE IS EXECUTED IN MULTIPLE
COUNTERPARTS, EACH OF WHICH SHALL BE DEEMED AN ORIGINAL AND WHEN TAKEN TOGETHER
WILL CONSTITUTE ONE INSTRUMENT, AND MAY BE EXECUTED AND DELIVERED BY FACSIMILE
SIGNATURE, WHICH SHALL BE CONSIDERED AN ORIGINAL.
21.15
ESTOPPEL CERTIFICATES. EACH PARTY SHALL EXECUTE,
ACKNOWLEDGE AND DELIVER TO THE OTHER PARTY, WITHIN TWENTY (20) DAYS AFTER
REQUESTED BY THE OTHER PARTY, A STATEMENT IN WRITING CERTIFYING, IF SUCH IS THE
CASE, THAT THIS LEASE IN UNMODIFIED AND IN FULL FORCE AND EFFECT (OR IF THERE
HAVE BEEN MODIFICATIONS THAT THE SAME IS IN FULL FORCE AND EFFECT AS MODIFIED);
THE EFFECTIVE DATE; THE DATES FOR WHICH THE RENT AND OTHER CHARGES HAVE BEEN
PAID; ANY ALLEGED DEFAULTS AND CLAIMS AGAINST THE OTHER PARTY AND PROVIDING SUCH
OTHER FACTUAL INFORMATION AS SHALL BE REASONABLY REQUESTED.
21.16
BROKER. LANDLORD AND TENANT EACH REPRESENT AND WARRANT
THAT IT HAS HAD NO DEALINGS OR CONVERSATIONS WITH ANY REAL ESTATE BROKER IN
CONNECTION WITH A NEGOTIATION AND EXECUTION OF THIS LEASE. LANDLORD AND TENANT
EACH AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE OTHER AGAINST ALL
LIABILITIES ARISING FROM ANY CLAIM OF ANY REAL ESTATE BROKERS, INCLUDING COST OF
COUNSEL FEES, RESULTING FROM THEIR RESPECTIVE ACTS.
21.17
Financial Statements. Tenant hereby agrees, from time
to time and within ten (10) days of receipt of a request therefor, to furnish to
Landlord, its lender or proposed lender, or all of the foregoing, copies of
Tenant's most recent