THE SUM OF TEN DOLLARS ($10.00) PER HOUR MULTIPLIED BY THE NUMBER OF
FULL YEARS OF THE EXPIRED TERM UNDER THE LEASE, PLUS REIMBURSEMENT FOR ANY AND
ALL EXPENSES INCURRED IN CONNECTION WITH THE RENDERING OF SUCH SERVICES, PAYABLE
IN FULL PROMPTLY UPON CONCLUSION OF THE PROCEEDINGS BEFORE THE ARBITRATION
PANEL.
SUCH COMPENSATION AND REIMBURSEMENT SHALL BE BORNE BY THE NONPREVAILING
PARTY AS DETERMINED BY THE ARBITRATION PANEL IN ITS SOLE AND ABSOLUTE
DISCRETION.
26.33
CONSENT AND APPROVALS.
ANY TIME THE CONSENT OR APPROVAL OF LANDLORD
OR TENANT IS REQUIRED UNDER THIS LEASE, SUCH CONSENT OR APPROVAL SHALL NOT BE
UNREASONABLY WITHHELD, CONDITIONED OR DELAYED, AND WHENEVER THIS LEASE GRANTS
LANDLORD OR TENANT THE RIGHT TO TAKE ACTION, EXERCISE DISCRETION, ESTABLISH
RULES AND REGULATIONS OR MAKE AN ALLOCATION OR OTHER DETERMINATION, LANDLORD AND
TENANT SHALL ACT REASONABLY AND IN GOOD FAITH.
NOTWITHSTANDING THE FOREGOING:
(I) LANDLORD SHALL BE ENTITLED TO GRANT OR WITHHOLD ITS CONSENT OR APPROVAL OR
EXERCISE ITS DISCRETION IN ITS SOLE AND ABSOLUTE DISCRETION WITH RESPECT TO THE
FOLLOWING MATTERS, UNLESS A DIFFERENT STANDARD OF CONSENT OR APPROVAL THEREFOR
IS EXPRESSLY PROVIDED IN THIS LEASE, (A) MATTERS WHICH COULD AFFECT THE COMMON
AREAS OF THE REAL PROPERTY OR THE EXTERIOR APPEARANCE OF THE BUILDING OR REAL
PROPERTY, (B) ACTIONS TAKEN BY LANDLORD PURSUANT TO ARTICLE 19 OF THIS LEASE, OR
(C) MATTERS WHICH COULD HAVE AN ADVERSE EFFECT ON THE STRUCTURAL COMPONENTS OR
SYSTEMS AND EQUIPMENT OF THE BUILDING; AND (II) LANDLORD AND TENANT SHALL GRANT
OR WITHHOLD ITS CONSENT OR EXERCISE ITS DISCRETION WITH RESPECT TO MATTERS FOR
WHICH THERE IS A STANDARD OF CONSENT OR APPROVAL OR DISCRETION SPECIFICALLY SET
FORTH IN THIS LEASE IN ACCORDANCE WITH SUCH SPECIFIC STANDARDS.
26.34
CALENDAR DAYS.
ALL REFERENCES MADE IN THIS LEASE TO THE WORD
"DAYS," WHETHER FOR NOTICES, SCHEDULES OR OTHER MISCELLANEOUS TIME LIMITS, SHALL
AT ALL TIMES HEREIN BE DEEMED TO MEAN CALENDAR DAYS, UNLESS SPECIFICALLY
REFERENCED AS "BUSINESS" OR "WORKING" DAYS.
26.35
SURVIVAL OF PROVISIONS UPON TERMINATION OF LEASE.
ANY TERM,
COVENANT OR CONDITION OF THIS LEASE WHICH REQUIRES THE PERFORMANCE OF
OBLIGATIONS OR FORBEARANCE OF AN ACT BY EITHER PARTY HERETO AFTER THE
TERMINATION OF THIS LEASE SHALL SURVIVE SUCH TERMINATION OF THIS LEASE.
SUCH
SURVIVAL SHALL BE TO THE EXTENT REASONABLY NECESSARY TO FULFILL THE INTENT
THEREOF, OR IF SPECIFIED, TO THE EXTENT OF SUCH SPECIFICATION, AS SAME IS
REASONABLY NECESSARY TO PERFORM THE OBLIGATIONS AND/OR FORBEARANCE OF AN ACT SET
FORTH IN SUCH TERM, COVENANT OR CONDITION.
NOTWITHSTANDING THE FOREGOING, IN
THE EVENT A SPECIFIC TERM, COVENANT OR CONDITION IS EXPRESSLY PROVIDED FOR IN
SUCH A CLEAR FASHION AS TO INDICATE THAT SUCH PERFORMANCE OF AN OBLIGATION OR
FORBEARANCE OF AN ACT IS NO LONGER REQUIRED, THEN THE SPECIFIC SHALL GOVERN OVER
THIS GENERAL PROVISION OF THIS LEASE.
26.36
TENANT'S SPECIAL OFFSET RIGHT.
IN THE EVENT TENANT OBTAINS A FINAL
NON-APPEALABLE MONETARY JUDGMENT FROM A COURT OF COMPETENT JURISDICTION AGAINST
LANDLORD RESULTING FROM LANDLORD'S DEFAULT UNDER THIS LEASE, AND LANDLORD FAILS
TO