5A4 Lease Agreement MainWayne Parking Garage (SB Bike Garage) - Fully Executed

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performance of this Lease will be commenced in the courts of St. Joseph County, Indiana. In any legal proceeding concerning this Lease, each Party irrevocably waives the right to trial by jury with respect to any and all causes of action, counterclaims, and disputes. The rights and remedies of Landlord and Tenant hereunder shall be cumulative, and no one of them shall be deemed or construed as exclusive of any other right or remedy hereunder, at law, or in equity. The exercise of any one such right or remedy by Landlord or Tenant shall not impair its standing to exercise any other such right or remedy. Unless time is of the essence, the parties agree to submit their dispute to pre-suit mediation under Indiana ADR Rules before filing cause of action in a court of law. 15.6. Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the Rent first due hereunder. No endorsement or statement on any check or letter accompanying any check or payment of Rent shall be deemed to be an accord and satisfaction, and Landlord may accept any such check or payment without prejudice to the right of Landlord to recover the balance of such Rent or to pursue any other right or remedy. 15.7. Relationship. Nothing contained herein shall be deemed or construed to create between the Parties any relationship other than that of Landlord and Tenant. 15.8. Information. Tenant shall provide to Landlord, upon request, accurate financial statements of Tenant certified by the highest-ranking financial officer of Tenant. 15.9. Construction. The laws of the State of Indiana shall govern the validity, performance, and enforcement of this Lease. The invalidity or unenforceability of any term or condition of this Lease shall not affect the other terms and conditions, and this Lease shall be construed in all respects as if such invalid or unenforceable term or condition had not been contained herein. The Parties acknowledge that each had the opportunity to consult with legal counsel of their choosing regarding the negotiation and preparation of this Lease; therefore, if any provision of this Lease requires judicial interpretation, the court interpreting or construing such provision shall not construe it more strictly against either Party. The captions of this Lease are for convenience only and do not in any way limit or alter the terms and conditions of this Lease. Whenever in this Lease a singular word is used, it also shall include the plural wherever required by the context and vice versa. All references in this Lease to periods of days shall be construed to refer to calendar days, not business days, unless business days are specified. 15.10. Force Majeure. Notwithstanding anything to the contrary set forth herein, if Landlord or Tenant is delayed in, or prevented from observing or performing any of its obligations hereunder (other than the payment of any amount of money due hereunder) as the result of: (a) an act or omission of the other Party; or (b) any other cause that is not within the control of the delayed or prevented Party (including, without limitation, inclement weather, the unavailability of materials, equipment, services or labor, and utility or energy shortages or acts or omissions of public utility providers); then: (A) such observation or performance shall be excused for the period of the delay; and (B) any deadlines for observation or performance shall be extended for the same period. 15.11. Counterparts. This Lease may be executed in separate counterparts, each of which