REPRESENTS AND WARRANTS THAT LANDLORD IS A DULY FORMED AND EXISTING ENTITY
QUALIFIED TO DO BUSINESS IN CALIFORNIA AND THAT LANDLORD HAS FULL RIGHT AND
AUTHORITY TO EXECUTE AND DELIVER THIS LEASE AND THAT EACH PERSON SIGNING ON
BEHALF OF LANDLORD IS AUTHORIZED TO DO SO.
25.18
GOVERNING LAW.
THIS LEASE SHALL BE CONSTRUED AND ENFORCED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.
30
25.19
SUBMISSION OF LEASE.
SUBMISSION OF THIS INSTRUMENT FOR EXAMINATION
OR SIGNATURE BY TENANT DOES NOT CONSTITUTE A RESERVATION OF OR AN OPTION FOR
LEASE, AND IT IS NOT EFFECTIVE AS A LEASE OR OTHERWISE UNTIL EXECUTION AND
DELIVERY BY BOTH LANDLORD AND TENANT.
25.20
BROKERS.
LANDLORD AND TENANT HEREBY WARRANT TO EACH OTHER THAT THEY
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 11 OF THE SUMMARY AND LANDLORD'S DESIGNATED REPRESENTATIVE
(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 BROKERAGE COMMISSIONS OWING TO THE BROKERS IN CONNECTION WITH THE
TRANSACTION CONTEMPLATED BY THIS LEASE PURSUANT TO THE TERMS OF A SEPARATE
WRITTEN AGREEMENT BETWEEN LANDLORD AND THE BROKERS.
EACH PARTY AGREES TO
INDEMNIFY, DEFEND, PROTECT AND HOLD THE OTHER PARTY HARMLESS FROM AND AGAINST
ANY AND ALL CLAIMS 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 25.20 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE
TERM.
25.21
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
AND AGREES THAT IF LANDLORD FAILS TO PERFORM ITS OBLIGATIONS SET FORTH HEREIN,
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 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.
25.22
BUILDING NAME AND SIGNAGE.
LANDLORD SHALL HAVE THE RIGHT AT ANY
TIME TO DESIGNATE AND/OR CHANGE THE NAME OF THE BUILDING COMPLEX, THE BUILDING
AND/OR ANY OTHER BUILDING IN THE BUILDING COMPLEX, AND TO INSTALL, AFFIX AND
MAINTAIN ANY AND ALL SIGNS ON THE EXTERIOR AND ON THE INTERIOR