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<br />Confidential Page 6 of 12 11/18/2024
<br />City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company
<br />conveyance by deed in lieu of foreclosure by a Landlord mortgagor, Tenant hereby attorns to such successor in interest and shall
<br />recognize such successor as Landlord under this Lease, and Landlord shall thereafter be relieved of any further obligations or
<br />liabilities hereunder, and the successor owner shall assume all of Landlord's obligations and liabilities.
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<br />22. Successors. All rights and liabilities herein given to or imposed upon the respective parties hereto shall extend to and bind
<br />the several respective heirs, executors, administrators, successors, and assigns of said parties; and if there shall be more than one
<br />Tenant, they shall all be bound jointly and severally by the terms, covenants, and agreements herein. No rights, however, shall inure
<br />to the benefit of any assignee of Tenant, unless the assignment to such assignee has been approved by Landlord, in writing, as
<br />provided above.
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<br />23. Liens. Neither Tenant nor anyone claiming by, through, or under Tenant, shall ever, under any circumstances arising out of
<br />or relating to the lease, have the power to subject Leased Premises, Property, and/or the Building to a lien, regardless of whether said
<br />lien is enforceable against Landlord's interest in the Property. Notwithstanding the foregoing, the Tenant is a municipal corporation
<br />pursuant to the laws of the State of Indiana, and nothing in this Lease prohibits Tenant from imposing liens such as tax liens, special
<br />assessments, or code enforcement judgement liens pursuant to its municipal powers.
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<br />24. Force Majeure A party shall not be liable for any delay or failure in performing its obligations under this Lease, except for the
<br />obligation to pay Rent and any other monetary obligations, if such delay or failure is caused by events beyond its reasonable control,
<br />including natural disaster, acts of public enemy, riot, strike, insurrection, war, court order, requisition, or order of any governmental body or
<br />authority (each a “Force Majeure” event). The affected party shall promptly notify the other party in writing of the occurrence of any Force
<br />Majeure event that may affect its performance under this Lease and shall use commercially reasonable efforts to resume performance as
<br />soon as possible. Force Majeure shall not excuse or delay the payment of Rent or any other monetary obligation owed by Tenant, nor shall
<br />it permit either party to terminate this Lease. However, if a Force Majeure event (excluding casualty events that are addressed separately
<br />under the Lease) materially and adversely affects Tenant’s ability to use, access and operate in the Leased Premises for its intended purpose
<br />for a continuous period of ninety (90) days or more, then Tenant may elect to terminate this Lease upon thirty (30) days' prior written notice
<br />to Landlord, provided that such Force Majeure event is still in effect at the end of such notice period. This termination right is Tenant’s sole
<br />remedy for any ongoing Force Majeure event, and Landlord shall have no further liability to Tenant in connection with such termination..
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<br />25. Reserved.
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<br />26. Interpretation. Nothing contained in this Lease shall be deemed or construed as creating the relationship of principal and
<br />agent, partnership, or of joint venture between Landlord and Tenant. All provisions herein are to be construed as covenants and agree-
<br />ments as though the words importing such covenants and agreements were used in each paragraph herein. The necessary grammatical
<br />changes required to make the provisions of this Lease apply in the plural sense where there is more than one Landlord or Tenant, and
<br />to either corporations, companies, associations, partnerships, or individuals, males or females, shall in all instances be assumed as
<br />though fully expressed in each case. This Lease has been negotiated at arm's length and carefully reviewed by both parties. This
<br />Lease should not be construed against the party who originated the Lease.
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<br />27. Access. Tenant shall permit Landlord to enter the Leased Premises at reasonable times and upon reasonable notice for the
<br />purpose of marketing, inspecting, altering, and repairing the Leased Premises or the Building, ascertaining compliance by Tenant with
<br />the provisions of this Lease or the Building Rules and Regulations, or any other reason necessitated by Landlord's ownership of the
<br />Building. Notwithstanding the foregoing, Landlord may enter the Leased Premises at any time, with or without notice, in the event of
<br />an emergency which, in the sole opinion of Landlord, requires entry into the Leased Premises.
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<br />28. Tenant Default and Landlord Remedies. The following occurrences shall be deemed defaults by Tenant: (a) Tenant shall
<br />fail to pay when due any Rent or other sum payable under this Lease; (b) Tenant shall abandon or vacate the Leased Premises before
<br />the end of the term of this Lease; (c) Tenant shall make a general assignment for the benefit of creditors or become bankrupt or
<br />insolvent; (d) Tenant shall discontinue doing business from the Leased Premises or vacate the Leased Premises; and/or (e) Tenant
<br />shall be in default of any other obligation under this Lease, and such default(s) listed in (a)-(d) shall continue for thirty (30) days after
<br />written notice from Landlord.
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<br />In the event of a default by Tenant, Landlord shall have the following rights and remedies in addition to all other rights and remedies
<br />otherwise available to Landlord pursuant to this Lease: (a) Landlord, upon written notice to Tenant, shall be entitled to immediately
<br />accelerate the present value of the full balance of the Base Rent payable for the remainder of the Lease Term; and (b) Landlord shall
<br />have the right to terminate this Lease upon written notice to Tenant without prejudice to any future damage claims for rents or other
<br />sums due or to become due under this Lease.
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<br />Should Landlord take possession pursuant to legal proceedings, Landlord may either terminate this Lease or, from time to time,
<br />without terminating this Lease, relet the Leased Premises or any part thereof for such term or terms (which may be for a term
<br />extending beyond the Term of this Lease) and at such rental rates and terms and conditions as Landlord, in the exercise of its sole
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