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<br />order to collect such reimbursement, Lessor shall have all the remedies available to it under this Lease
<br />for a default in the payment of rent.
<br />
<br />SURRENDER AT END OF TERM.
<br />19. At the termination of this Lease, Lessee shall deliver
<br />to Lessor the Premises in good order and condition, ordinary wear and tear excepted, and all keys for
<br />the Premises. Lessee shall have the right to remove from the Premises Lessee’s personal property,
<br />fixtures and other items brought on to the Premises by Lessee that do not become a part of the
<br />Premises. In the event said removal causes any damage to the Premises, Lessee shall repair said
<br />damage. Any items remaining in the Premises on the termination date shall be deemed abandoned for all
<br />purposes and shall become the property of Lessor and Lessor may dispose of the same without liability
<br />of any type or nature.
<br />
<br /> HOLDING OVER.
<br />20. Notwithstanding any provision of law or any judicial decision to the
<br />contrary, no notice shall be required to terminate the term of this Lease, and the term of this Lease shall
<br />expire on the termination date herein mentioned without notice being required from either party. In the
<br />event that Lessee or any party holding under Lessee shall, without Lessor’s written consent, hold over
<br />in the Premises beyond the expiration of the term of this Lease, whether by limitation or forfeiture, such
<br />party shall pay double the monthly value of the rents and profits of the Premises, it being understood
<br />and agreed that no such holdover shall be deemed an extension of the term for any period. In addition,
<br />if any holdover period exceeds ten (10) days without Lessor’s written consent, Lessee shall be liable for
<br />all direct and consequential damages of Lessor resulting from such holdover.
<br />
<br />EXPENSE OF INITIAL RENOVATION.
<br />21. Lessee shall within ninety (90) days after the
<br />completion of the initial renovation of the Buildings and construction of the initial Improvements,
<br />deliver to Lessor a written verification of the total expense for said initial construction and renovation
<br />work, with complete supporting documentation attached thereto verifying said costs and expenses.
<br />Upon receipt, Lessor shall have thirty (30) days to review said verification of total expenses and the
<br />supporting documents attached. Lessor shall have the right to exclude all costs or expenses relating to
<br />work performed without the prior written approval of Lessor. At or before the end of said thirty (30)
<br />Acknowledgment of Initial Renovation Costs”
<br />day period, the parties agree to execute an “in the
<br />Initial
<br />form of Exhibit D attached hereto, establishing the Lessee’s initial renovation costs (“
<br />Renovation Costs”.
<br />)
<br />
<br />ATTORNEYS’ FEES.
<br />22. If Lessor or Lessee shall bring any action for any relief against the
<br />other, declaratory or otherwise, arising out of this Lease, the losing party shall pay the successful party
<br />a reasonable sum for attorneys’ fees in such suit.
<br />
<br />NON-WAIVER.
<br />23. Waiver by Lessor or Lessee of any breach of any term, condition,
<br />provision, covenant, or warranty herein contained or attached hereto as an exhibit, shall not be deemed
<br />to be a waiver of such term, condition, provision, covenant, or warranty of any subsequent breach of the
<br />same or any other term, condition, provision, covenant, or warranty herein contained.
<br />
<br />ASSIGNMENT AND SUBLETTING.
<br />24. Lease shall not assign, encumber or transfer in
<br />any manner or convey its interest in this Lease, nor sublet nor permit the Premises or any part thereof to
<br />be used by others, without the prior written consent of Lessor, which shall not be arbitrarily withheld.
<br />
<br />FORCE MAJEURE.
<br />25. Lessor and Lessee shall be excused from performing any obligation
<br />or undertaking provided in this Lease in the event of and for so long as the performance of any such
<br />obligation or understanding is prevented, delayed, retarded or hindered by an act of God, fire,
<br />H-5-i
<br />earthquake, flood, explosion, war, invasion, insurrection, riot, mob violence, sabotage, inability to
<br />September 24, 2007
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