IS A CORPORATION,
TRUST OR PARTNERSHIP, EACH INDIVIDUAL EXECUTING THIS LEASE ON BEHALF OF TENANT
OR LANDLORD HEREBY REPRESENTS AND WARRANTS THAT LANDLORD OR TENANT, AS
APPROPRIATE, IS A DULY FORMED AND EXISTING ENTITY QUALIFIED TO DO BUSINESS IN
CALIFORNIA AND THAT LANDLORD OR TENANT, AS APPROPRIATE, HAS FULL RIGHT AND
AUTHORITY TO EXECUTE AND DELIVER THIS LEASE AND THAT EACH PERSON SIGNING ON
BEHALF OF LANDLORD OR TENANT, AS APPROPRIATE, IS AUTHORIZED TO DO SO.
TENANT
SHALL, WITHIN TEN (10) DAYS AFTER EXECUTION OF THIS LEASE, 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
62
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 SIGNATURE BY TENANT DOES NOT CONSTITUTE A RESERVATION OF,
OPTION FOR OR OPTION TO LEASE, AND IT IS NOT EFFECTIVE AS A LEASE OR OTHERWISE
UNTIL EXECUTION AND DELIVERY BY BOTH LANDLORD AND TENANT.
29.24
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 12 OF THE SUMMARY (THE "BROKERS"), AND
THAT THEY