Lease Agreement - Catalyst Two LLC - IT Lease at Innovation Park

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DocuSign Envelope ID: 3FB83184-B2B8-4211-B06A-AD20CB7020F8 at Tenant's sole cost and expense and shall be subject to Landlord's approval. Landlord may install such other signs, advertisements, notices or tenant identification information on the Building directory, tenant access doors or other areas of the Building, as it shall deem necessary or proper. In the event Tenant desires additional exterior signage on the Building, Landlord and Tenant agree to work together in good faith to find a suitable location for such; Tenant shall not place any exterior signs on the Leased Premises or interior signs visible from the exterior of the Leased Premises without the prior written consent of Landlord. Section 15.11 Consent. Where the consent of a party to this Lease is required, such consent will not be unreasonably withheld unless otherwise indicated. Section 15.12 Time. Time is of the essence of each term and provision of this Lease. Section 15.13 Patriot Act. Each of Landlord and Tenant, each as to itself, hereby represents its compliance with all applicable anti -money laundering laws, including, without limitation, the USA Patriot Act, and the laws administered by the United States Treasury Department's Office of Foreign Assets Control, including, without limitation, Executive Order 13224 ("Executive Order"). Each of Landlord and Tenant further represents (a) that it is not, and it is not owned or controlled directly or indirectly by any person or entity, on the SDN List published by the United States Treasury Department's Office of Foreign Assets Control and (b) that it is not a person otherwise identified by government or legal authority as a person with whom a U.S. Person is prohibited from transacting business. As of the date hereof, a list of such designations and the text of the Executive Order are published under the website address www.ustreas.gov/offices/enforcement/ofac. Section 15.14 Confidentiality-, Tenant and Landlord agree that the terms and conditions of this Lease shall remain confidential. Neither Tenant nor Landlord shall distribute this Lease or any partthereof or reveal any of the terms of this Lease to parties other than their legal and financial advisors, employees and agents (or to prospective or existing lenders or prospective purchasers), or as may be otherwise required by law or to enforce the terms of this Lease. For the purpose of clarity, the Parties acknowledge that Tenant is a municipal corporation legally bound to comply with Indiana's Access to Public Records Act and Open Door Law. Section 15,15 Attorne Fees. In the event of any legal action or other proceeding between the parties regarding this Lease (an "Action"), the prevailing party shall be entitled to the payment by the losing party of its reasonable attorneys' fees, court costs and litigation expenses, as determined by the court. The term "prevailing party" as used herein includes, without limitation, a party: (i) who agrees to dismiss an Action on the other party's performance of the covenants allegedly breached, (ii) who obtains substantially the relief it has sought (which includes, without limitation, a party who has an Action voluntarily dismissed against it); or (Ili) against whom an Action is dismissed (with or without prejudice) and cannot be refiled. In addition, the prevailing party in any Action shall be entitled, in addition to and separately from the amounts recoverable under this Section, to the payment by the losing party of the prevailing party's reasonable attorneys' fees, court costs and litigation expenses incurred in connection with: (y) any appellate review of the judgment rendered in such Action or of any other ruling in such Action; and (z) any proceeding to enforce a judgment in such Action. It is the intent of the parties that the provisions of this LEASE AGREEMENT— CITY of SOUTH BEND AT 1GNiTION PARK PAGE 17