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<br />DID LS 110695
<br />APPROVED', LAW
<br />2018 ©2171
<br />provided in. Section 13'A) above and sue Lease. for damages, sad /or (e) exercise such other. remedies as
<br />Lesser say have at law or in equity. Lessor say enter and take possession of the Premises by ■e1.r
<br />help. by changing locks, if necessary, end quay lock out ?ease'. all 'ithoast being liable for damages.
<br />Section 1S. VAOATTON OP PREMtSESI RWMTTKL OT LESSEE'S PROPERTY.
<br />A, upon termination he*soe+er of this Lase: Lessee (i) shall have peaceably and quietly
<br />vacated and surrendered po of the Premises to Lessor, without Lessor giving any notice to quit
<br />or demand tor' po , and (ii) shall have removed from the Premises all structures, property and
<br />other materials not belonging to Lessor, and restored the surface of the ground to as good a condition
<br />as the same was in before such struetures were erected, including, without limitation. the removal of
<br />foundations, the filling in of excavations and pita, and the removal of debris and rubbish.
<br />h. Se Lessee has not completed such removal and restoration within thirty t30) days of ter
<br />termination of this tease,'Lessor say, at its election, and at any time or'times, (1) perform the work
<br />and Lessee shall reimburse Lessor for the cost thermof'withi.a thirty (30) days after bill is rendered,
<br />(ii) take title to all or any portion of such structures or property by giving =otice•ot such election
<br />to Losses; and/or (iii)• treat Lessee as a holdover tenant at Till until such removal and restoration
<br />is completed.
<br />Section 16. TIBER OPT:CS.
<br />Lessee shall telephone Lessor at 1 -800- 336 -2123 to 24 -hour number) to determine if fiber optic
<br />cable is buried on the Premises. '1.2 cable is buried on the Premises, Lessee will telephone the
<br />telaoo.e zeitations eompany(ies), arrange for a table locator, and make arraagemeats for relocation or
<br />other protection.ot the cable.. Notwithstanding compliance by Lessee with this Section 16, the release
<br />and indemnity provisions of Section 12 above shall apply fully to any davege or destruction or any
<br />telecosaunicetions system.
<br />Section 17. lrorrCES ,
<br />Any notice, consent or approval to be given under this Lease shall be in writing, and
<br />personally served, sent by reputable courier service, or sent by certified mail, postage prepaid,
<br />return receipt requested, to Lesser at: contracts a Real Zatata Department, Soon 1100, 1416 Dodge
<br />Street, Osaha, 68179; and to Lessee at the above address, or such other address as a party
<br />sup designate in notice give= to the other party. Msi.led•aoticsa shall be deemed served five (S) days
<br />after deposit in the U.S. )(ail. Notices which are personally served or sant by nourier service shall
<br />he deemed served upon rec.ipt.
<br />'Scotian la.gs
<br />A. Lessee shall not Jobless.. Premises, in whale or in part, or assign, encumber or
<br />transfer (by operation of law or othezeise) this Lease, rithout the prior consent of Lessor, which
<br />consent may be denied at Lessor's sole and absolute discretion. Any purported transfer or assignment
<br />without Lessor... ..consent shall be Void and••shall be a default by Lessee.
<br />H. • Subject to this Section 18, this Lease shall be binding upon and inure to the benefit
<br />of the parties. hereto and their respective heirs, executors, administrators, successors and assigns.
<br />Section 12." CSTDEPQAtTON _ _ •- _ _
<br />If, as reasonably determined by Laser, the Premises caneeot be used by Lass.. because of a
<br />coadeenetion or sale in lieu of cendesnatioa, then this lease shall satomatically 'terminate. Lessor
<br />shall be entitled to the entire award or proceeds for any total or partial eondeuaation or sale in
<br />lieu thereof, including without limitation, any *card or proceeds for the value of the leasehold
<br />estate created by this Lease. notwithstanding the foregoing, Lease. shall have the right to pursue
<br />recovery frog the eondemoiag authority of such compensation as say be 'separately awarded to Lease. for
<br />Lessee's relocation expenses, the taking of Lessee's personal property and fixtures. and the
<br />interruption of or damage to Lessee' business.
<br />Section 20. A'ZTORRLY S TEES,
<br />If either party retains so attorney to enforce this Lease (including, without limitation, the
<br />indemnity provisions of this Lease), the prevailing party is entitled to recover reasonable attorney's
<br />tees.
<br />Section 21. t-rr ACRLEPRMT,
<br />This Leaae is the entire agreement between the parties, and supersedes all other oral or
<br />written agreements between the parties pertaining to this transaction. Except for the unilateral
<br />redetermination of annual rant as provided in Article III., this Lease may be amended only by a
<br />written instrument signed by Lessor and Lessee.
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