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<br />Confidential Page 7 of 12 11/18/2024
<br />City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company
<br />discretion, deems advisable. Landlord shall be entitled to recover the difference in the Lease Rent from the reletting rent from Tenant,
<br />with the right to make alterations and repairs to the Leased Premises.
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<br />No right or remedy herein conferred to Landlord shall be exclusive of any other right or remedy provided herein or by law (including
<br />consequential damages), but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter
<br />existing at law or equity or by statute.
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<br />29. Landlord Default and Tenant Remedies. Landlord shall not be in default under this Lease unless Landlord fails to
<br />complete performance of the obligations required of Landlord within thirty (30) days after receipt of written notice by Tenant to
<br />Landlord, specifying that Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation
<br />is such that more than the specified cure period is required for performance, then Landlord shall not be in default if Landlord
<br />completes performance within sixty (60) days after receipt of written notice by Tenant. In the event Landlord does not commence
<br />performance within thirty (30) days after written notice from Tenant, then Tenant may (a) terminate this Lease without further
<br />obligation, or (b) provide written notice to Landlord that Tenant intends to perform the obligation on Landlord's behalf, and Tenant
<br />shall have the right, but not the obligation, to take such minimum action as is reasonably necessary under the circumstances to perform
<br />such obligation. All work done in accordance herewith must be performed at a reasonable and competitive cost and expense (taking
<br />into account the circumstances of the obligation). To the extent such work performed by Tenant is Landlord's responsibility under this
<br />Lease, Landlord shall reimburse Tenant, within thirty (30) days after Landlord's receipt of a reasonably documented invoice for any
<br />reasonable sums paid or reasonable costs incurred by Tenant in curing the default.
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<br />No right or remedy herein conferred to Tenant shall be exclusive of any other right or remedy provided herein or by law (including
<br />consequential damages), but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter
<br />existing at law or equity or by statute.
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<br />30. Reserved
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<br />31. Rules And Regulations. Tenant covenants and agrees that Tenant, its agents, officers, employees, contractors, licensees,
<br />and invitees will, at all times, observe, perform, and abide by all of the general terms and conditions contained in the rules and
<br />regulations attached hereto as Exhibit B. Landlord reserves the right to rescind, alter, or waive any such rule or regulation when, in its
<br />sole judgment, it deems it necessary or desirable. Landlord shall not be responsible to any tenant for the non-observance or violation
<br />by any other tenant of any of the rules or regulations at any time prescribed for the Building.
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<br />32. Wiring And Cabling. Tenant shall have the right, subject to Landlord's prior written approval, to use building shafts,
<br />conduits, and equipment rooms in the Leased Premises and other parts of the Building for the installation and maintenance of
<br />conduits, cables, ducts, pipes, and other devices for data processing devices, telecommunication equipment, supplementary HVAC,
<br />and other facilities consistent with Tenant's Use of the Leased Premises. Within thirty (30) days after the expiration or sooner
<br />termination of the Lease, or at any time that any of the wires installed in the Building by Tenant under this Section are no longer in
<br />active use by Tenant, Landlord may elect ("Election Right") by written notice to Tenant to: (i) retain any or all wires, cables, and
<br />similar installations appurtenant thereto ("Wires") installed by Tenant within the Leased Premises or anywhere in the Building outside
<br />the Leased Premises; or (ii) remove any or all of the Wires and restore the Leased Premises or the Building, as the case may be, to
<br />their condition existing prior to the installation of the Wires ("Wire Restoration Work"). Landlord, at its option, may require Tenant to
<br />perform all or part of the Wire Restoration Work at Tenant's sole cost and expense. The provisions of this Section shall survive the
<br />expiration or sooner termination of the Lease.
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<br />33. Surrender. Tenant agrees to surrender to Landlord, at the end of the Lease Term or upon any termination of this Lease, the
<br />Leased Premises in as good condition as the Leased Premises were at the Lease Commencement Date, ordinary wear and tear
<br />excepted. Any damage to the Leased Premises resulting form the removal of trade fixtures or other items of personal property must be
<br />repaired at Tenant's expense. If Tenant does not make such repairs or restorations within thirty (30) days of a written demand from
<br />Landlord, Tenant shall pay the commercially reasonable costs incurred by Landlord in connection with repairing or restoring the
<br />Leased Premises, designated on demand by Landlord. Tenant shall be required to turn over all keys to Landlord upon surrender of
<br />the Leased Premises.
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<br />34. Entire Agreement. This Lease, and the exhibits and the rules and regulations, represents the entire agreement between the
<br />parties. It may not be amended, altered, or modified unless done so in writing by both parties. No rights, covenants, easements, or
<br />licenses may arise by implication.
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<br />35. Survival. All obligations arising prior to the termination of this Lease, and all provisions of this Lease allocating
<br />responsibility or liability between the parties, including, without limitation, the indemnity provisions contained in this Lease, shall
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