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<br />Confidential Page 5 of 12 11/18/2024
<br />City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company
<br />Notwithstanding anything in this Lease to the contrary, Tenant does not waive any governmental immunity or liability limitations available
<br />to it under Indiana law.
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<br />15. Estoppel. Tenant shall, at any time upon not less than thirty (30) days prior written notice from Landlord, execute,
<br />acknowledge, and deliver to Landlord a statement, in writing, certifying such matters related to this Lease as are reasonable and
<br />customary, or as Landlord may reasonably request. Tenant's failure or refusal to deliver the aforesaid information in the form
<br />provided by Landlord is a default of this Lease.
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<br />16. Holding Over. Any holding over of possession after the expiration of the term hereof, with or without the consent of
<br />Landlord, shall be construed to be a tenancy from month to month, adjusted to two hundred percent (200%) of the then applicable
<br />Rent.
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<br />17. Assignment and Subletting. Tenant shall not voluntarily or by operation of law assign, transfer, mortgage, or encumber
<br />(collectively "assign" or "assignment") any estate or interest in the Leased Premises without the previous written consent of Landlord.
<br />Landlord may treat unconsented to assignments as a default of this section and either: (i) exercise its remedies as set forth in this
<br />Lease; or (ii) increase Base Rent to one hundred ten percent (110%). To be effective, any assignment or sublease agreement must be
<br />in writing and signed by Landlord, Tenant, and assignee/sub-tenant. Tenant shall remain obligated for all Base Rent after an
<br />assignment or subletting, and Landlord reserves the right to look to Tenant or its assignee for any default remedies available to
<br />Landlord. Each request for consent to an assignment or subletting shall be in writing, accompanied by a Five Hundred ($500.00)
<br />Dollar fee for processing the request. Additionally, Landlord, upon Tenant's written request to assign or sublet this Lease, may elect
<br />to terminate this Lease, and Tenant shall vacate the Leased Premises within thirty (30) days of written notice from Landlord.
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<br />18. Condemnation. If the Leased Premises, or any portion thereof, are taken or threatened to be taken under any public or
<br />private power of eminent domain, or sold by Landlord under the threat of the exercise of said power (collectively "condemnation") so
<br />that it would not be practical, in Landlord's sole judgment, to continue to maintain the Building or Leased Premises, this Lease shall,
<br />at the option of Landlord, terminate as of the date the condemning authority takes title or possession, whichever first occurs. If this
<br />Lease shall continue, Tenant's Rent obligations may be reduced in an amount proportionate to the area and relative value of the portion
<br />of the Leased Premises taken by such condemnation. No award for any partial or entire taking shall be apportioned, and Landlord
<br />shall be entitled to the full condemnation award. Tenant hereby releases and holds Landlord harmless for any and all consequential
<br />damage claims.
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<br />19. Casualty. If the Leased Premises, or any part thereof, shall be damaged or destroyed by fire or other casualty, Landlord may,
<br />at Landlord's option, elect to terminate this Lease by giving notice to Tenant within thirty (30) days after Landlord receives actual
<br />notice of the fire or other casualty, and thereupon the Term shall expire by lapse of time upon the tenth (10th) day after such notice is
<br />given. Instead of exercising said option, Landlord may elect, in its sole discretion, to repair or restore the Leased Premises to the
<br />condition they were in on the day prior to the casualty, except for those improvements, fixtures, and other items of personal property
<br />paid for and installed by the Tenant. Upon electing to repair or restore, Landlord may proceed with all reasonable dispatch to perform
<br />the necessary work and Tenant will proceed to restore the improvements, fixtures, and other items of personal property paid for and
<br />installed by it. Except as otherwise provided for herein, rent to be paid until such work is completed shall be proportionately abated
<br />from the date of the casualty loss. Landlord shall not be liable to Tenant for any delay which arises by reason of labor strikes,
<br />adjustments of insurance, or any other cause beyond Landlord's reasonable control, and, in no event, shall Landlord be liable for any
<br />loss of profits or income. Notwithstanding the foregoing: (i) Landlord will not have any obligation to repair or restore the Building or
<br />Leased Premises if the fire or casualty occurs within the last year of the Term of the Lease (or any extensions thereof) in which event
<br />this Lease shall automatically terminate without further obligation of Tenant; (ii) if any holder of indebtedness requires that any
<br />insurance proceeds be applied to such indebtedness, then Landlord will have the right to terminate this Lease by delivering notice of
<br />termination to Tenant within sixty (60) days of such fire or other casualty; and (iii) there shall be no abatement, apportionment, or
<br />reduction in the Lease obligations of Tenant if the damage or destruction is caused by Tenant or Tenant's agents, representatives,
<br />employees, customers, or invitees. Any reduced Rent resulting from partial casualty loss to the Leased Premises shall end and the
<br />rental rate provided for in this Lease shall resume upon the parties agreement that the repairs to the Leased Premises are complete.
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<br />20. Subordination. This Lease and Tenant's rights hereunder shall be subject and subordinate, at all times, in lien and priority, to
<br />any first mortgage or other primary encumbrance now or hereafter placed upon or affecting the Leased Premises, and to any junior
<br />mortgage or encumbrance, and to all renewals, modifications, consolidations, and extensions thereof, without the necessity of any further
<br />instrument or act on the part of Tenant. Tenant shall execute and deliver upon demand any further instrument or instruments confirming
<br />the subordination of this Lease to any such liens, if requested to do so by Landlord.
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<br />21. Attornment. In the event that Landlord, in its sole discretion, transfers title to the Leased Premises, the Building, or the
<br />Property, or in the event any proceedings are brought for the foreclosure of the Building by a Landlord mortgagor, or in the event of a
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