PARTY, INCLUDING THE COST OF REASONABLE
ATTORNEYS' FEES.
30.26
WHENEVER TENANT REQUESTS LANDLORD TO TAKE ANY ACTION NOT REQUIRED OF
IT HEREUNDER OR GIVE ANY CONSENT REQUIRED OR PERMITTED UNDER THIS LEASE, TENANT
WILL REIMBURSE LANDLORD, AS ADDITIONAL RENT, FOR LANDLORD'S REASONABLE,
OUT-OF-POCKET COSTS PAYABLE TO THIRD PARTIES AND INCURRED BY LANDLORD IN
REVIEWING THE PROPOSED ACTION OR CONSENT, INCLUDING REASONABLE ATTORNEYS',
ENGINEERS' OR ARCHITECTS' FEES, WITHIN THIRTY (30) DAYS AFTER LANDLORD'S
DELIVERY TO TENANT OF A STATEMENT OF SUCH COSTS.
TENANT SHALL BE OBLIGATED TO
MAKE SUCH REIMBURSEMENT WITHOUT REGARD TO WHETHER LANDLORD CONSENTS TO ANY SUCH
PROPOSED ACTION.
THE PROVISIONS OF THIS SECTION 30.26 SHALL BE IN ADDITION TO,
AND NOT IN LIEU OF, THE PROVISIONS OF SECTION 7.1 AND ANY OTHER EXPRESS
ADMINISTRATIVE COST RECOVERY PROVISIONS IN THIS LEASE.
30.27
SHOULD EITHER PARTY HERETO INSTITUTE ANY ACTION OR PROCEEDING IN
COURT TO ENFORCE ANY PROVISION HEREOF, OR FOR DAMAGES OR FOR DECLARATORY OR
OTHER RELIEF HEREUNDER, THE PREVAILING PARTY SHALL BE ENTITLED TO RECEIVE FROM
THE LOSING PARTY, IN ADDITION TO COURT COSTS, SUCH AMOUNT AS THE COURT MAY
ADJUDGE TO BE REASONABLE AS ATTORNEYS' FEES FOR SERVICES RENDERED TO SAID
PREVAILING PARTY, AND SAID AMOUNT MAY BE MADE A PART OF THE JUDGMENT AGAINST THE
LOSING PARTY.
30.28
TENANT ACKNOWLEDGES THAT THE TERMS AND CONDITIONS OF THIS LEASE ARE
TO REMAIN CONFIDENTIAL FOR LANDLORD'S BENEFIT, AND MAY NOT BE DISCLOSED BY
TENANT TO ANYONE (OTHER THAN TENANT'S ATTORNEYS, ACCOUNTANTS AND AGENTS), BY ANY
MANNER OR MEANS, DIRECTLY OR INDIRECTLY, WITHOUT LANDLORD'S PRIOR WRITTEN
CONSENT, (WHICH CONSENT MAY BE WITHHELD IN LANDLORD'S SOLE DISCRETION) EXCEPT IN
ANY LITIGATION OR PROCEEDING BETWEEN THE PARTIES HERETO, AND EXCEPT FURTHER THAT
TENANT AND SUCH ATTORNEYS, ACCOUNTANTS AND AGENTS MAY DISCLOSE SUCH INFORMATION
TO ANY GOVERNMENTAL AGENCY PURSUANT TO ANY SUBPOENA OR JUDICIAL PROCESS OR AS
OTHERWISE REQUIRED BY APPLICABLE LAW, REGULATION OR REPORTING REQUIREMENT.
THE
CONSENT BY LANDLORD TO ANY DISCLOSURES SHALL NOT BE DEEMED TO BE A WAIVER ON THE
PART OF LANDLORD OF ANY PROHIBITION AGAINST ANY FUTURE DISCLOSURE.
30.29
THERE SHALL BE NO MERGER OF THE LEASEHOLD ESTATE HEREBY CREATED WITH
THE FEE ESTATE IN THE PREMISES OR ANY PART THEREOF IF THE SAME PERSON ACQUIRES
OR HOLDS, DIRECTLY OR INDIRECTLY, THIS LEASE OR ANY INTEREST IN THIS LEASE AND
THE FEE ESTATE IN THE LEASED PREMISES OR ANY INTEREST IN SUCH FEE ESTATE.
30.30
TENANT REPRESENTS AND WARRANTS TO LANDLORD THAT (A) TENANT AND EACH
PERSON OR ENTITY DIRECTLY OR INDIRECTLY OWNING AN INTEREST IN TENANT IS (I) NOT
CURRENTLY IDENTIFIED ON THE SPECIALLY DESIGNATED NATIONALS AND BLOCKED PERSONS
LIST MAINTAINED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE
TREASURY ("OFAC") AND/OR ON ANY OTHER SIMILAR LIST MAINTAINED BY OFAC PURSUANT
TO ANY AUTHORIZING STATUTE, EXECUTIVE ORDER OR REGULATION (COLLECTIVELY, THE
"LIST"), AND (II) NOT A PERSON OR ENTITY WITH WHOM A CITIZEN OF THE UNITED
STATES IS PROHIBITED TO ENGAGE IN TRANSACTIONS BY ANY TRADE EMBARGO, ECONOMIC
SANCTION, OR OTHER PROHIBITION