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14.9.. Construction. The laws of the State in which the Premises is located shall govern the validity,
<br />performance, and enforcement of this Lease. The invalidity or unenforceability of any term or condition of this
<br />Lease shall not affect the other terms and conditions, and this Lease shall be construed in all respects as if such
<br />invalid or unenforceable term or condition had not been contained herein. The captions of this Lease are for
<br />convenience only and do not in any way limit or alter the terms and conditions of this Lease. Whenever in this
<br />Lease a singular word is used, it also shall include the plural wherever required by the context and vice versa. All
<br />references in this Lease to periods of days shall be construed to refer to calendar, not business, days, unless business
<br />days are specified. This Lease shalt be recorded, but a failure to record shall not affect the effectiveness of this
<br />Lease. All Exhibits referenced in this Lease are attached hereto and incorporated herein by reference.
<br />14.10. Farce Majeure. Notwithstanding anything to the contrary set forth herein, if Landlord or Tenant is
<br />delayed in, or prevented from observing or performing any of its obligations hereunder (other than the payment of
<br />any amount of money due hereunder) as the result o£ (a) an act or omission of the other party; or (b) any other cause
<br />that is not within the control of the delayed or prevented party (including, without limitation, inclement weather, the
<br />unavailability of materials, equipment, services or labor, and utility or energy shortages or acts or omissions of
<br />public utility providers); then: (A) such observation or performance shall be excused for the period of the delay; and
<br />(B) any deadlines for observation or- per£errnance shall be extended for the same period.
<br />14.11. Counterparts. This Lease may be executed in separate counterparts, each of which when so
<br />executed shall be an original, but all of which together shall constitute but one and the same instrument.
<br />14.12. Successors and Assigns. Except as otherwise expressly provided herein, this Lease, and all of the
<br />terms and conditions hereof, shall inure to the benefit of, and be binding upon, the respective heirs, executors,
<br />administrators, successors, and assigns of Landlord and Tenant. All indemnities set forth herein shall survive the
<br />Termination Date.
<br />1.4.13. Authority. Each persen executing this Lease represents and warrants that: (a) he or she has been
<br />authorized to execute and deliver this Lease by the entity for which he or she is signing; and (b) this Lease is the
<br />valid and binding agreement of such entity, enforceable in accordance with its terms.
<br />14.14. Exculpation. If there is a breach or default by Landlord under this Lease, Tenant shall look solely
<br />to the equity interest of Landlord in the Premises and any rentals derived therefrom; provided that in no event shall
<br />any judgment be sought or obtained against any individual person or entity comprising Landlord.
<br />14.15. Equal Qpportuniiy Obligation. Tenant agrees not to discriminate against any employee or
<br />applicant for employment, to be employed by Tenant with respect to his or her hire, tenure, terms, conditions or
<br />privileges of employment or any matter directly or indirectly related to employment, because of his or her race,
<br />color, religion, sex, handicap, national origin, or ancestry. Breach of this covenant may be regarded as a material .
<br />breach of the Lease. Tenant- hirther agrees execute and deliver an affidavit attesting to the terms of this provision in
<br />the form set forth at Exhibit G.
<br />14.16. Anti- Collusion Requirement. By executing this Lease, Tenant certifies that it has not, nor has any
<br />member, employer, representative or agent of its firm, directly or indirectly, entered into or offered to enter into any
<br />combination, collusion, or agreement to receive or pay, that it has not received nor paid any sum of money or other
<br />consideration for the negotiation and execution of this Lease other than that which is set out herein. Tenant further
<br />agrees to execute and deliver an affidavit attesting to the terms of this provision in the form set forth at Exhibit G.
<br />14.17. Entity Status. Any corporation, association, company, limited liability company, partnership,
<br />limited partnership or other entity operating as Tenant under this Lease hereby covenants and agrees to maintain its
<br />existence and good standing under applicable law, including but not limited to, its good standing under Indiana law
<br />and authority to operate in Indiana.
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<br />F. DATAISHAM, LegaMpdataWEPtF . conomic DevelopmentWiilie'stState CafelState Cafe Lease (version S).doc
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