LEASE HAS BEEN FREELY NEGOTIATED BY BOTH
PARTIES; AND (II) THAT, IN THE EVENT OF ANY CONTROVERSY, DISPUTE, OR CONTEST
OVER THE MEANING, INTERPRETATION, VALIDITY, OR ENFORCEABILITY OF THIS LEASE, OR
ANY OF ITS TERMS OR CONDITIONS, THERE SHALL BE NO INFERENCE, PRESUMPTION, OR
CONCLUSION DRAWN WHATSOEVER AGAINST EITHER PARTY BY VIRTUE OF THAT PARTY HAVING
DRAFTED THIS LEASE OR ANY PORTION THEREOF.
(P)
FORCE MAJEURE.
IF BY REASON OF STRIKES, WARS OR OTHER LABOR
DISPUTES, FIRE OR OTHER CASUALTY (OR REASONABLE DELAYS IN ADJUSTMENT OF
INSURANCE), ACCIDENTS, ORDERS OR REGULATIONS OF ANY FEDERAL, STATE, COUNTY OR
MUNICIPAL AUTHORITY, OR ANY OTHER CAUSE BEYOND LANDLORD'S REASONABLE CONTROL,
LANDLORD IS UNABLE TO FURNISH OR IS DELAYED IN FURNISHING ANY UTILITY OR SERVICE
REQUIRED TO BE FURNISHED BY LANDLORD UNDER THE PROVISIONS OF THIS LEASE OR IS
UNABLE TO PERFORM OR MAKE OR IS DELAYED IN PERFORMING OR MAKING ANY
INSTALLATIONS, DECORATIONS, REPAIRS, ALTERATIONS, ADDITIONS OR IMPROVEMENTS, OR
IS UNABLE TO FULFILL OR IS DELAYED IN FULFILLING ANY OF LANDLORD'S OTHER
OBLIGATIONS UNDER THIS LEASE (COLLECTIVELY, "FORCE MAJEURE") AND PROVIDED THAT
LANDLORD SHALL NOTIFY TENANT WITHIN FIVE (5) BUSINESS DAYS FOLLOWING THE ONSET
OF A FORCE MAJEURE EVENT), NO SUCH INABILITY OR DELAY SHALL CONSTITUTE AN ACTUAL
OR CONSTRUCTIVE
38
EVICTION, IN WHOLE OR IN PART, OR IMPOSE ANY LIABILITY UPON LANDLORD OR ITS
AGENTS, BY REASON OF INCONVENIENCE OR ANNOYANCE TO TENANT, OR INJURY TO OR
INTERRUPTION OF TENANT'S BUSINESS, OR OTHERWISE.
NOTWITHSTANDING THE FOREGOING,
IF THE PREMISES IS WITHOUT WATER, ELEVATOR SERVICE OR ELECTRIC OR ANY OTHER
UTILITY SERVICE FOR MORE THAN TWO (2) CONSECUTIVE BUSINESS DAYS AND DUE TO THE
FOREGOING TENANT IS UNABLE TO CONDUCT ALL OR A SUBSTANTIAL PORTION OF TENANT'S
NORMAL BUSINESS OPERATIONS THEREIN, THEN THE RENT SHALL EQUITABLY ABATE UNTIL
SUCH ELECTRIC OR OTHER UTILITY OR ELEVATOR SERVICE IS RESTORED TO THE PREMISES,
PROVIDED HOWEVER, THAT IN THE EVENT SUCH INTERRUPTION OR DELAY OF SERVICE OF
SUCH UTILITY IS SUBSTANTIALLY DUE TO AN ACT OR OMISSION OF TENANT OR TENANT'S
AGENTS, EMPLOYEES, CONTRACTORS OR INVITEES OR AN OVERLOAD OF THE BUILDING'S
CAPACITY FOR SUCH UTILITY BY ANY OF SUCH FOREGOING ENTITIES OR PERSONS, THE
FOREGOING ABATEMENT SHALL NOT APPLY.
38.
CONSENT TO JURISDICTION.
Tenant hereby consents to the exclusive
jurisdiction of the state courts located in Burlington County and to the federal
courts located in the District of New Jersey.
39.
WAIVER OF TRIAL BY JURY.
Landlord and Tenant waive the right to a
trial by jury in any action or proceeding based upon, or related to, the subject
matter of this lease.
This waiver is knowingly, intentionally, and voluntarily
made by Tenant and Tenant acknowledges that neither Landlord nor any person
acting on behalf of Landlord has made any representations of fact to induce this
waiver of trial by jury or in any way to modify or nullify its effect.
Tenant
further acknowledges that it has been represented (or has had the opportunity to
be represented) in the signing of this lease and