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shall he paid concurrently with the payment of the Rase Rent, Additional (tent, operating expenses or
<br />other charge upon which the tax is based as set forlh above.
<br />43. l:XHIAITS:AMFNuit4fiN'1�5. All Exhibits attached to this Lease are hereby
<br />incorporated into this Lease: by this reference as if fully written herein. This Lease, including the attached
<br />Exhibits; contains the entire agreement between the parties hereto and may not be altered, changed or
<br />amended, except by -written instrument signed by both parties hereto. No provision of this Lease shall be
<br />deemed to have been waived by Landlord unless such waiver is in writing signed by Landlord and
<br />addressed to 'tenant, nor shall any custom or practice which may grow up between the parties in the
<br />adininisiration of the provisions hereof be construed to waive or lessen the right of landlord to insist
<br />upon the perl'ormance by 'tenant in strict accordance with the ferias. hereof. 'rhe terms; provisions.
<br />covenants, and conditions contained in this Lease shall appt), to, inure to tltes bcnefit of;, and be bip. ding
<br />upon the pai`ties liereto, and upon their respective successors, in ffitcrest and legal repres4ntative,. xcept as
<br />otherwise herein expressly provided.
<br />def- FINANCIAL STATEMENTS- Within thirty (30) days afier Landlord's request, "tenant
<br />and each guarantor shall deliver to Landlord the current f ina trial staternents of Tenant or guarantor(s), as
<br />applicable, and financial statement of the two (2) years prior to the current financial statements year,
<br />prepared by it certified public accountant. including a balance sheet.and profit and loos statembill for the
<br />most recent prior year, A prepared in accordance with generally accepted accottitting principles
<br />consistently applied..
<br />45. GUARANTY OF LEASE if, as a condition to, acc:epia;pgc; of:this Lease, Landlord has
<br />required one or more persons to guaranty `tenant's pt rl'crrnartcc. of rite territ : ancf prof isioris.01 this Tease.
<br />'such guaranly shall be in form and substance approved by Lattclloirc . Sueh.ii►slruriieltt shall guaranty ftil`ly.
<br />all the of 4i ijons.of Tenant hereunder, including perrormance of tction,; and- paynierit of money:, atilt'
<br />Shall bcG ran ter-Minahic by -the. guarantor or 'tenant exceptas- may be permitted by .the terms of the
<br />gua6atity'instrtrni6fit, The termination, whether voluntary; involunfitry, hj.:.gper0c?n_ of la%v or otlt.enyise,
<br />orattempted termination, of any guaranly shall constitute a deraull of this Lc t5c, nn.notrc� afsaeh;tlefttult
<br />being=required.
<br />46. WAIVER OF JURY TRiAL. LANDLORD AND T NMT DO HERF.13Y WAIVh
<br />TRIAL BY JURY 1N ANY ACTION, PROCLEDING Olt. C'OUN-mRGL.AiNi.BROIJG, HT BETWEEN
<br />THF-, PAWIVIES. I=ILRcro Ott TI.1i 1R SUCCESSORS OR ASSIGNS ON ANY MATfE'RS ARISING
<br />OUT Oh, Olt 1N.ANY WAY CONNL;CITI) Wi't1 L TI -115 LEA-SE-PHE I'll E USES, THI BUiLDING,
<br />THE RELATIONSHIP OF LANDLORD AND'fE:ivAN'I,'fFNAIU'i''S USEDR. OCCUPANCY orrHE
<br />P1tE�flSl $, A.NY AC'T'ION OR INACTION OF ANY PARTY, .,1NWOR 'CHF RIGH"t 'CO ANY
<br />STA'I`U'hURY iZ:tLtCih UR REMEDY.
<br />•47. 4VAIV:CR,S 9Y TENANT. In the event Lattdloril cotrnierictally.' pro to enforce
<br />this Lease or the landlod/tcnant re:latignship Uetiveen the .parties: t)r 1'6r )tbn p<-ryinerit of i3ase :Kent and
<br />7l0!.tronal kcit.(of any :n.tture whatsoever) r {rddnryna) .Trtonics iuz_LrtnillgYd trt�ni �'eltantltntltrr tlj'is
<br />Lease, T nattt shall -ntti intcrpp�e any noncompulsory countemlahn of yvli gayer: liature or description :Tit
<br />tiny Such proceedings, the intent of tills provision being tliat Tentint shall not ttc-pl*ohibited from pumuing
<br />a claim against Landlord in an independent suit or proceeding: In the event Tenant must, because:. of
<br />appl.ieable .court niles; interpose any counterclaim or other claim against. L:mcilprd in Landlord's
<br />proceedings, Landlord and Tenant covenant and agree that, in addition to any: other lawful remedy of
<br />Landlord, tlj)on motion (if Lindlord, such counterclaim or other claim -asserted. by `Tenant shall be severed
<br />out of the proceedings instituted by Landlord (and if necessuryi transferred to a court of appropriate
<br />jtirisdictional limits), and the proceedings instituted by Landlord. may proeced to final,, judgment
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