Dish Wireless LLC 5/29/2024 - Laserfiche WebLink

Dish Site: SESEA00125A 34. SUBORDINATION AND NON-DISTURBANCE. The use of the Site by Lessee, any heirs, devisees, transferees, sublessees or assignees of Lessee shall be subordinate to that of the Lessor notwithstanding any other language set forth in this Lease. Nothing herein shall be construed to limit or restrict Lessor's use and access to the Site. This Lease shall be subordinate to any mortgage, deed of trust, or other security agreement (each a "Mortgage") by Lessor which, from time to time, may encumber all or part of the Site; provided, however, the lender under every such Mortgage shall, in the event of a foreclosure of Lessor's interest, recognize the validity of this Lease and Lessee's right to remain in occupancy of and have access to the Premises, as long as no default by Lessee exists under this Lease. If the Site is encumbered by a Mortgage, then Lessor shall use commercially reasonable efforts to allow Lessee, promptly following Lessee's request, to obtain a non-disturbance agreement in recordable form for each such Mortgage. 35. DISPLAY OF SIGNS. The display of any political signs within or on the Site is prohibited. Further, except for signage required by Applicable Law, no signage shall be displayed within or on the Site without prior written approval from the Lessor,which approval may be withheld at Lessor's sole discretion. 36. SEVERABILITY. Each provision of this Lease shall be construed as separable and divisible from every other provision and the enforceability of any one provision shall not limit the enforceability, in whole or in part, of any other provision. If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. 37. ENTIRE LEASE. This Lease sets forth the entire, final and complete understanding between the Parties hereto regarding the subject matter of this Lease, and it supersedes and replaces all previous understandings or agreements, written, oral, or implied, regarding the subject matter of this Lease made or existing before the date of this Lease. No waiver, amendment, or modification of any of the terms or conditions of this Lease shall be effective unless in writing and signed by both Parties. Any provision of this Lease that logically would be expected to survive termination or expiration, shall survive for a reasonable time period under the circumstances, whether or not specifically provided in this Lease. 38. GOVERNING LAW AND VENUE. This Lease shall be governed and construed in accordance with the laws of the State of Washington and venue shall be in the Superior Court of Snohomish County, Washington or the U.S. District Court for the Western District of Washington. 39. NO PRESUMPTION AGAINST DRAFTER. Lessor and Lessee understand, agree and acknowledge that this Lease has been freely negotiated by both parties and that, in the event of any controversy, dispute or contest over the meaning,interpretation,validity or enforceability of this Lease or any of its terms or conditions,there shall be no inference,presumption or conclusion drawn whatsoever against either Party by virtue of that Party having drafted this Lease or any Page 19 of 31 CWFt 4.1.9.24