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7.3 SR 03-01-2021
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7.3 SR 03-01-2021
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select counsel to undertake such defense, which counsel shall be reasonably acceptable to the <br />indemnified party. <br />22.15 Counterparts. This Lease may be executed in counterparts, each of which when <br />taken together shall constitute one instrument. <br />22.16 Waivers. No waiver of any obligation or covenant contained in this Lease shall <br />be implied by any neglect of Landlord or Tenant to enforce any right, power, or remedy on <br />account of the violation of such condition, whether or not such violation be continued or repeated <br />subsequently, and no express waiver shall affect any condition other than the one specified in <br />such waiver and that one only for the time and in the manner specifically stated. Without <br />limiting the provisions of this Subsection, it is agreed that no receipt of monies by Landlord from <br />Tenant after the termination in any way of the Term or of Tenant's right of possession hereunder, <br />or after the giving of any notice, shall reinstate, continue or extend the Term or affect any notice <br />given to Tenant prior to the receipt of such monies. <br />22.17 Attorneys' Fees. Notwithstanding anything to the contrary contained in this <br />Lease, a party successful in establishing a breach by the other party or defending against an <br />alleged breach, whether in arbitration or litigation, shall be entitled to recover its reasonable legal <br />fees and costs and witness fees and costs. <br />22.18 Authority. Each party represents that all necessary action has been taken to <br />authorize and empower the individual(s) executing this Lease on such party's behalf to do so and <br />each party agrees, upon request of the other party, to provide evidence of such authority. <br />22.19 Commissions. Each party hereto hereby represents and warrants to the other that <br />in conmection with the leasing of the Premises hereunder, neither Tenant nor Landlord has been <br />represented by a broker, other than Judd Welliver of CBRE, who was retained and will be paid in <br />full by Tenant ("Tenant's Broker"). Landlord hereby agrees to indemnify and hold Tenant <br />harmless from and against any and all costs, expenses and liabilities for commissions and other <br />compensation claimed by any broker or agent retained by Landlord or its affiliates in connection <br />herewith. Tenant hereby agrees to indemnify and hold Landlord harmless from and against any <br />and all costs, expenses and liabilities for commissions and other compensation owed to Tenant's <br />Broker or claimed by any broker or agent retained by Tenant or its affiliates in connection <br />herewith. <br />22.20 Amendment. No modification, waiver or amendment of this Lease or of any of its <br />conditions or provisions shall be binding upon Landlord or Tenant unless in writing signed by <br />such party. <br />22.21 Delay in Performance. If any provision of this Lease requires a party to perform <br />an obligation within a specified period of time, or constitutes a default if not performed within a <br />specified period of time, and if said period of time may be extended if the obligation cannot with <br />due diligence and in good faith be performed within said period of time, such right to an <br />extended period of time shall not apply to any obligation to pay money or to any obligation <br />which is delayed by the failure to pay money. <br />38 <br />
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