AND PROVIDE ACCESS TO LANDLORD AND THE HOLDER OF ANY
MORTGAGE ON THE DEMISED PREMISES AND ANY SUCH PERSON OR ENTITY DESIGNATED BY
LANDLORD OR SUCH HOLDER.
IV.
TENANT'S INDEMNIFICATION.
WITHOUT LIMITING TENANT'S OTHER
OBLIGATIONS TO INDEMNIFY LANDLORD CONTAINED IN THIS LEASE, TENANT AGREES TO
INDEMNIFY, DEFEND AND SAVE HARMLESS LANDLORD FROM AND AGAINST, ANY AND ALL
LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, COSTS, PENALTIES, EXPENSES (INCLUDING
ALL REASONABLE ATTORNEYS' FEES AND EXPENSES OF LANDLORD), CAUSES OF ACTION,
SUITS, CLAIMS, DEMANDS OR JUDGMENTS OF ANY NATURE WHATSOEVER ARISING FROM ANY
LIABILITY ARISING OUT OF, RESULTING FROM OR CONNECTED WITH ANY BREACH OF THE
PROVISIONS OF SECTIONS I, II OR III HEREOF; PROVIDED, HOWEVER, TENANT SHALL HAVE
NO INDEMNIFICATION OBLIGATION WITH RESPECT TO HAZARDOUS MATERIALS, OR VIOLATIONS
OF ENVIRONMENTAL LAWS WHICH RELATE TO A PERIOD WHICH PRECEDED THE LEASE
COMMENCEMENT DATE.
THE PROVISIONS OF THIS SECTION 17.04 SHALL SURVIVE THE
EXPIRATION OR SOONER TERMINATION OF THIS LEASE.
QUIET ENJOYMENT
I.
QUIET ENJOYMENT.
LANDLORD COVENANTS THAT TENANT SHALL QUIETLY
ENJOY THE DEMISED PREMISES WITHOUT HINDRANCE OR MOLESTATION BY ANY PERSON
CLAIMING BY, THROUGH OR UNDER LANDLORD, SUBJECT TO THE COVENANTS, AGREEMENTS,
TERMS, PROVISIONS AND CONDITIONS OF THIS LEASE.
26
ESTOPPEL CERTIFICATES
I.
ESTOPPEL CERTIFICATES.
AT ANY TIME AND FROM TIME TO TIME
LANDLORD AND TENANT EACH AGREES, UPON REQUEST IN WRITING FROM THE OTHER, TO
EXECUTE, ACKNOWLEDGE AND DELIVER WITHIN THIRTY (30) DAYS TO THE OTHER OR TO ANY
PERSON DESIGNATED BY THE OTHER A STATEMENT IN WRITING CERTIFYING THAT THE LEASE
IS UNMODIFIED AND IN FULL FORCE AND EFFECT (OR IF THERE HAVE BEEN MODIFICATIONS,
THAT THE SAME IS IN FULL FORCE AND EFFECT AS MODIFIED AND STATING THE
MODIFICATIONS), THAT THE OTHER PARTY IS NOT IN DEFAULT IN THE PERFORMANCE OF ITS
COVENANTS HEREUNDER (OR IF THERE ARE SUCH DEFAULTS, SPECIFYING THE SAME), AND
THE DATES TO WHICH THE RENT AND OTHER CHARGES HAVE BEEN PAID.
SUCH STATEMENT
SHALL BE SUBSTANTIALLY CONSISTENT IN FORM AND SUBSTANCE WITH THE ESTOPPEL
CERTIFICATE ATTACHED HERETO AS EXHIBIT D (THE "ESTOPPEL CERTIFICATE"), PROVIDED
THE SAME SHALL BE MODIFIED AS NECESSARY IF BEING PROVIDED BY LANDLORD.
INVALIDITY OF PARTICULAR PROVISIONS - CONSTRUCTION
I.
SEPARABILITY.
EACH AND EVERY COVENANT AND AGREEMENT IN THIS
LEASE SHALL BE CONTAINED AS A SEPARATE AND INDEPENDENT COVENANT.
IF ANY TERM OR
PROVISION OF THIS LEASE OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE
SHALL, TO ANY EXTENT, BE INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS LEASE,
OR THE APPLICATION OF SUCH TERM OR PROVISION TO PERSONS OR CIRCUMSTANCES OTHER
THAN THOSE AS TO WHICH IT IS HELD INVALID AND UNENFORCEABLE, SHALL NOT BE
AFFECTED THEREBY, AND EACH TERM AND PROVISION OF THIS LEASE SHALL BE VALID AND
BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW.
II.
GOVERNING LAW.
THIS LEASE SHALL BE CONSTRUED AND ENFORCED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT RESORT TO CHOICE OF
LAW PRINCIPLES.
NOTICES
ANY NOTICE OR ELECTION WHICH MAY BE OR IS REQUIRED TO BE GIVEN PURSUANT TO THE