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any and all actions or causes of action for personal injury or property damage occurring to Tenant or any of Tenant’ s Parties
arising as a result of parking in the Parking Facility, or any activities incidental thereto, wherever or however the same may
occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or
any of its officers, agents, servants or employees for any said causes of action and in all events, Tenant agrees to look first to
its insurance carrier and to require that Tenant’ s Parties look first to their respective insurance carriers for payment of any
losses sustained in connection with any use of the Parking Facility. Tenant hereby waives on behalf of its insurance carriers
all rights of subrogation against Landlord or any Landlord Entities.
30.1.4 Except as to a Permitted Transferee or approved sublease or assignment pursuant to Article 9 of
this Lease, Tenant’ s right to park as described in this Article and this Lease is exclusive to Tenant.
30.1.5 In the event any surcharge or regulatory fee is at any time imposed by any governmental authority
with reference to parking, Tenant shall (commencing after two (2) weeks’ notice to Tenant) pay, per parking pass, such
surcharge or regulatory fee to Landlord in advance on the first day of each calendar month concurrently with the monthly
installment of rent due under this Lease. Landlord will enforce any surcharge or fee in an equitable manner amongst the
Building tenants.
30.2 If Tenant violates any of the terms and conditions of this Article, the operator of the Parking Facility shall
have the right to remove from the Parking Facility any vehicles hereunder which shall have been involved or shall have been
owned or driven by parties involved in causing such violation, without liability therefor whatsoever. In addition, Landlord
shall have the right to cancel Tenant’ s right to use the Parking Facility pursuant to this Article upon ten (10) days’ written
notice, unless within such ten (10) day period, Tenant cures such default. Such cancellation right shall be cumulative and in
addition to any other rights or remedies available to Landlord at law or equity, or provided under this Lease.
31. DEFINED TERMS AND HEADINGS. The Article headings shown in this Lease are for convenience of reference
and shall in no way define, increase, limit or describe the scope or intent of any provision of this Lease. Any indemnification
or insurance of Landlord shall apply to and inure to the benefit of all the following “Landlord Entities”, being Landlord,
Landlord’ s investment manager, and the trustees, boards of directors, officers, general partners, beneficiaries, stockholders,
employees and agents of each of them. Any option granted to Landlord shall also include or be exercisable by Landlord’ s
trustee, beneficiary, agents and employees, as the case may be. In any case where this Lease is signed by more than one
person, the obligations under this Lease shall be joint and several. The terms “Tenant” and “Landlord” or any pronoun used
in place thereof shall indicate and include the masculine or feminine, the singular or plural number, individuals, firms or
corporations, and their and each of their respective successors, executors, administrators and permitted assigns, according to
the context hereof. The term “rentable area” shall mean the rentable area of the Premises or the Building as calculated by the
Landlord on the basis of the plans and specifications of the Building including a proportionate share of any common areas.
Tenant hereby accepts and agrees to be bound by the figures for the rentable square footage of the Premises and Tenant’ s
Proportionate Share shown on the Reference Pages; however, Landlord may adjust either or both figures if there is manifest
error, addition or subtraction to the Building or any business park or complex of which the Building is a part, remeasurement
or other circumstance reasonably justifying adjustment. The term “Building” refers to the structure in which the Premises are
located and the common areas (parking lots, sidewalks, landscaping, etc.) appurtenant thereto. If the Building is part of a
larger complex of structures, the term “Building” may include the entire complex, where appropriate (such as shared
Expenses or Taxes) and subject to Landlord’ s reasonable discretion.
32. TENANT’S AUTHORITY.
32.1 If Tenant signs as a corporation, partnership, trust or other legal entity each of the persons executing this
Lease on behalf of Tenant represents and warrants that Tenant has been and is qualified to do business in the state in which
the Building is located, that the entity has full right and authority to enter into this Lease, and that all persons signing on
behalf of the entity were authorized to do so by appropriate actions. Tenant agrees to deliver to Landlord, simultaneously
with the delivery of this Lease, a corporate resolution, proof of due authorization by partners, opinion of counsel or other
appropriate documentation reasonably acceptable to Landlord evidencing the due authorization of Tenant to enter into this
Lease.
32.2 Tenant hereby represents and warrants that neither Tenant, nor any persons or entities holding any legal or
beneficial interest whatsoever in Tenant, are (i) the target of any sanctions program that is established by Executive Order of
the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury (“OFAC”); (ii)
designated by the President or OFAC pursuant to the Trading with the Enemy Act, 50 U.S.C. App. § 5, the International
Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56, Executive Order 13224
(September 23, 2001) or any Executive Order of the President issued pursuant to such statutes; or (iii) named on the
following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons.” If the foregoing
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