THE ADDRESSES SET FORTH IN SECTION 3 OF THE SUMMARY, OR TO
SUCH OTHER FIRM OR TO SUCH OTHER PLACE AS LANDLORD MAY FROM TIME TO TIME
DESIGNATE IN A NOTICE TO TENANT.
ANY NOTICE WILL BE DEEMED GIVEN (A) ON THE
DATE DELIVERED OR REJECTED IF IT IS MAILED AS PROVIDED IN THIS SECTION 26.18, OR
(B) UPON THE DATE PERSONAL DELIVERY IS MADE OR REJECTED, OR (C) UPON THE DATE
WHICH IS ONE (1) BUSINESS DAY AFTER IT IS SENT BY NATIONALLY RECOGNIZED
OVERNIGHT COURIER, AS THE CASE MAY BE.
IF TENANT IS NOTIFIED OF THE IDENTITY
AND ADDRESS OF LANDLORD'S MORTGAGEE OR GROUND OR UNDERLYING LESSOR, TENANT SHALL
GIVE TO SUCH MORTGAGEE OR GROUND OR UNDERLYING LESSOR WRITTEN NOTICE OF ANY
DEFAULT BY LANDLORD UNDER THE TERMS OF THIS LEASE BY REGISTERED OR CERTIFIED
MAIL OR NATIONALLY RECOGNIZED OVERNIGHT COURIER, AND SUCH MORTGAGEE OR GROUND OR
UNDERLYING LESSOR SHALL BE GIVEN A REASONABLE OPPORTUNITY TO CURE SUCH DEFAULT
PRIOR TO TENANT'S EXERCISING ANY REMEDY AVAILABLE TO TENANT.
26.19
JOINT AND SEVERAL.
IF THERE IS MORE THAN ONE TENANT, THE
OBLIGATIONS IMPOSED UPON TENANT UNDER THIS LEASE SHALL BE JOINT AND SEVERAL.
26.20
AUTHORITY.
EACH PARTY HEREBY REPRESENTS AND WARRANTS TO THE OTHER
PARTY THAT THE REPRESENTING PARTY IS A DULY FORMED AND EXISTING CORPORATION
QUALIFIED TO DO BUSINESS IN THE STATE OF CALIFORNIA AND THAT THE REPRESENTING
PARTY HAS FULL RIGHT AND AUTHORITY TO EXECUTE AND DELIVER THIS LEASE AND THAT
EACH PERSON SIGNING ON BEHALF OF THE REPRESENTING PARTY IS AUTHORIZED TO DO SO.
EACH PARTY IS MAKING THE FOREGOING REPRESENTATIONS KNOWING THAT THE OTHER PARTY
WILL RELY THEREON.
26.21
ATTORNEYS' FEES JURY TRIAL.
IF EITHER PARTY COMMENCES LITIGATION
AGAINST THE OTHER (OR ANY PARTY BRINGS A COUNTERCLAIM AGAINST THE OTHER) IN
RESPECT OF ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS LEASE,
INCLUDING, WITHOUT LIMITATION, THE RELATIONSHIP OF LANDLORD AND TENANT, TENANT'S
USE OR OCCUPANCY OF THE PREMISES, ANY CLAIM FOR INJURY OR DAMAGES, AND/OR THE
ENFORCEMENT OF ANY REMEDY UNDER OR IN CONNECTION WITH THIS LEASE (INCLUDING ANY
EMERGENCY OR STATUTORY REMEDY), THE PARTIES HERETO AGREE TO AND HEREBY DO WAIVE
ANY RIGHT TO A TRIAL BY JURY AND, IN THE EVENT OF ANY SUCH COMMENCEMENT OF
LITIGATION,
OR IN THE EVENT OF THE COMMENCEMENT OF ANY ARBITRATION, THE
PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM THE OTHER PARTY SUCH
REASONABLE COSTS AND REASONABLE ATTORNEYS' FEES AS MAY HAVE BEEN INCURRED,
INCLUDING ANY AND ALL COSTS INCURRED IN ENFORCING, PERFECTING ANY JUDGMENT OR
ARBITRATION AWARD.
26.22
GOVERNING LAW.
THIS LEASE SHALL BE CONSTRUED AND ENFORCED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.
26.23
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.
26.24
BROKERS.
LANDLORD AND TENANT HEREBY WARRANT TO EACH OTHER THAT THEY