Contract - Lease for Human Rights Commissions Office - Key S.B., LLC

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Confidential Page 8 of 12 11/18/2024 City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company survive the termination of this Lease. No obligation which survives the Term of this Lease shall give Tenant any possessory interest in the Leased Premises or have the effect of extending the Lease Term. 36. Authority. Tenant represents and warrants that Tenant has the capacity and authority to enter into this Lease. If Tenant is a corporation, Tenant represents and warrants it is a duly organized and validly existing corporation in good standing and that the person executing this Lease has the requisite authority to bind the corporation to the terms of this Lease. If Tenant is a partnership, Tenant represents and warrants that it validly exists and that the person executing this Lease has the requisite authority to bind the partnership to the terms of this Lease. 37. Notices. All notices, payments, demands or requests required or permitted to be given pursuant to this Lease shall be in writing and shall be deemed to have been properly given or served upon personal delivery, or upon the second (2nd) business day after being deposited in the United States mail, postpaid and registered or certified with return receipt requested; or when sent by private courier service for same day delivery or one day after being sent by private courier service for next day/overnight delivery. The time period in which a response to any notice, demand, or request must be given shall commence on the date of receipt by the addressee thereof. Rejection or other refusal to accept delivery or inability to deliver because of changed address, of which no notice has been given, shall constitute receipt of the notice, demand, or request sent. Any such notice, demand, or request shall be sent to the respective addresses set forth in Lease Section 1(h) above. 38. Miscellaneous. Neither party shall commit to any waste, damage, disfiguration, or injury to the Leased Premises or any parts of the Building, including fixtures and equipment. Any legal action between the parties related to this Lease shall be conducted in St. Joseph County, Indiana, State Courts and governed in accordance with the laws of the state in which the Leased Premises is located. Each party expressly and unconditionally waives its right to a jury trial on any legal issue, claim, or action involving this Lease or arising out of the same. This Lease has been negotiated at arm's length and carefully reviewed by both parties. This Lease should not be construed against Landlord or Tenant. One or more waivers of any covenant or condition by Landlord or Tenant shall not be construed as a waiver of a subsequent default of the same covenant or condition. The consent or approval by Landlord to or of any act of Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent or approval to or of any subsequent similar act by Tenant. All exhibits referred to in and attached to this Lease are hereby made a part of this Lease. Submission of this Lease does not constitute an offer. This Lease shall remain valid and enforceable to the fullest extent permitted by law even if one particular section is held invalid by a court of law. No rights to light or air over any property, whether belonging to Landlord or any other person, are granted to Tenant under this Lease. If any clause, sentence, provision, Section or Article of this Lease is invalid or unenforceable to any extent, then the remainder of this Lease shall continue in full force and effect and be enforceable to the fullest extent permitted by law. The word "Landlord" in this Lease includes Landlord executing this Lease as well as its successors and assigns, each of which shall have the same rights, remedies, powers, authorities and privileges as it would have had it originally signed this Lease as Landlord. Tenant shall look solely to Landlord's successor in interest for the performance of the covenants and obligations of Landlord hereunder which subsequently accrue. Except as specifically provided in this lease, Landlord shall not be liable to Tenant for any loss of business or profits of Tenant or for consequential, punitive, or special damages or any other liability of any kind. Neither Landlord, nor any principal of Landlord, nor any owner of the Property, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Leased Premises; Tenant shall look solely to the equity of Landlord in the Property, the rents and profits and insurance proceeds therefrom for the satisfaction of any claim by Tenant against Landlord. 39. Execution. This Lease shall be binding and enforceable upon execution by both parties on the last date written below (the "Effective Date"). Facsimile or electronically transmitted signatures shall have the same effect as originals. [Signature page below.]