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Page 9 of 17
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<br />33. TIME IS OF THE ESSENCE: Time is of the essence with respect to each and every provision of this Lease including
<br />delivery of the leased Premises.
<br />34. ENFORCEABILITY: If any provisions of this Lease shall be declared unenforceable in any respect, such
<br />unenforceability shall not affect any other provision of this Lease, and each such provision shall be deemed to be
<br />modified, if possible, in such a manner as to render it enforceable and to preserve to the extent possible the intent of
<br />the Parties as set forth herein. This Lease shall be construed and enforced in accordance with the laws of the state in
<br />which the Property is located.
<br />35. FORCE MAJEURE: Neither Party to this Lease shall be liable for non-performance of any obligation under this Lease
<br />if such non-performance is caused by a Force Majeure event. "Force Majeure" means an unforeseeable cause beyond
<br />the control of and without the negligence of the party claiming Force Majeure, including, but not limited to, fire, flood,
<br />other severe weather, acts of God, labor strikes, interruption of utility services, war, acts of terrorism, and other
<br />unforeseeable accidents. If the Building in which the Leased Premises are located is totally destroyed or damaged by
<br />fire, flood, natural disaster, or other casualty, this Lease shall immediately terminate. If the Building in which the
<br />Premises are located or the Common Areas providing access to the Leased Premises are only partially destroyed or
<br />damaged, so as to render the Leased Premises untenantable, unsafe, or not suitable for Tenant’s full use and
<br />enjoyment of the Leased Premises for the intended purpose, the Landlord shall have the option to elect to repair and
<br />restore the Leased Premises and Property or terminate the Lease. The Landlord shall be permitted a reasonable
<br />amount of time, not to exceed sixty (60) days from the event of destruction or damage, to repair or restore the Leased
<br />Premises and Property, provided that the Landlord submits to the Tenant and the United States Senate Sergeant at
<br />Arms a reasonable schedule for repair of the Leased Premises and Property within thirty (30) days of the event of
<br />destruction or damage. If the Landlord fails to timely submit a reasonable schedule for completing the work, the Tenant
<br />or the United States Senate Sergeant at Arms may elect to terminate the Lease effective as of the date of the event of
<br />destruction or damage. If the Landlord elects to repair or restore the Leased Premises and Property, but fails to repair
<br />or restore the Leased Premises and Property within sixty (60) days from the event of destruction or damage, or fails to
<br />diligently pursue such repairs or restoration so as to render tim ely completion commercially impracticable, the Tenant
<br />or the United States Sergeant at Arms may terminate the Lease effective as of the date of the destruction or damage.
<br />During the time that the Leased Premises are unoccupied by Tenant, rent shall be aba ted.
<br />36. COMMON AREA: Landlord grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers,
<br />contractors, customers, and invitees, during the term of this Lease, the non -exclusive right to use, in common with
<br />others entitled to such use, the Common Areas of the Building as they exist from time to time, subject to any rights,
<br />powers, and privileges reserved by Landlord under the terms hereof or under the terms of any rules and regulations or
<br />restrictions governing the use of the Building. Tenan t shall not be responsible for any costs associated with the use,
<br />maintenance, or improvements of the Common Areas.
<br />37. CHANGED CIRCUMSTANCES: In the event that the Landlord makes or encounters adjustments during the term of
<br />this Lease, such as, but not limited to, building hours, access policies, security enhancements, building upgrades, or
<br />infrastructure improvements, that result in or require an increased cost or “pass through” will not be charged to the
<br />Tenant.
<br />38. COUNTERPARTS: This Attachment may be executed in any number of counterparts and by facsimile copy, each of
<br />which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument.
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