5A4 Sublease Agreement 103 W. Colfax (Haunt of Hounds) - Signed

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23 condition of this Sublease shall not affect the other terms and conditions, and this Sublease shall be construed in all respects as if such invalid or unenforceable term or condition had not been contained herein. The Parties acknowledge that this Sublease was negotiated and prepared by the Parties and their respective counsel; therefore, if any provision of this Sublease requires judicial interpretation, the court interpreting or construing such provision shall not construe it more strictly against either Party. The captions of this Sublease are for convenience only and do not in any way limit or alter the terms and conditions of this Sublease. Whenever in this Sublease a singular word is used, it also shall include the plural wherever required by the context and vice versa. All references in this Sublease to periods of days shall be construed to refer to calendar days, not business days, unless business days are specified. 15.11. Force Majeure. Notwithstanding anything to the contrary set forth herein, if Commission 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. 15.12. Counterparts. This Sublease may be executed in separate counterparts, each of which when so executed shall be an original, but all of which together shall constitute but one and the same instrument. 15.13. Successors and Assigns. Except as otherwise expressly provided herein, this Sublease, and all of the terms and conditions hereof, shall inure to the benefit of, and be binding upon, the respective heirs, executors, administrators, successors, and assigns of Commission and Tenant. All indemnities set forth herein shall survive the Termination Date. 15.14. Authority. Each person executing this Sublease represents and warrants that: (a) he or she has been authorized to execute and deliver this Sublease by the entity for which he or she is signing; and (b) this Sublease is the valid and binding agreement of such entity, enforceable in accordance with its terms. 15.15. Exculpation. If there is a breach or default by Commission under this Sublease, Tenant shall look solely to the equity interest of Commission in the Premises and any rentals derived therefrom; provided that in no event shall any judgment be sought or obtained against any individual person or entity comprising Commission. 15.16. Equal Opportunity Obligation. Tenant agrees not to (1) discriminate against any employee or applicant for employment, to be employed by Tenant with respect to his or her hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of his or her race, color, religion, sex, handicap, national origin, or ancestry,