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<br /> --- <br /> quantity required by Article 3; <br /> (f) whether Tenant may abate Rent or cancel the Lease under any <br /> provision of this Lease which provides for abatement of Rent or cancellation by Tenant; <br /> (g) whether Landlord's withholding of consent is 'unreasonable or <br /> unduly delayed under Section 4.2; <br /> (h) whether either Party can cancel the Lease under Article 6. <br /> ARTICLE 11: MISCELLANEOUS <br /> 11.1 Offer. <br /> The submission and negotiation of this Lease shall not be deemed an offer <br /> to enter the same by Landlord but the solicitation of such an offer by Tenant. Tenant <br /> agrees'that its execution of this lease constitutes a firm offer to enter the same which may <br /> not be withdrawn for a period of ten (10) days after delivery to landlord (or such other <br /> period as may be expressly provided in any other agreement ~igned by the Parties). <br /> 11.2 Attorneys' Fees. <br /> In any litigation or arbitration between the Parties regarding this Lease, the <br /> losing Party shall pay to the prevailing Party all reasonable expenses and court, costs <br /> including attorneys' fees incurred by the prevailing Party. A Party shall be considered the <br /> prevailing Party if (a) it initiated the litigation and substantially obtains the relief it sought, <br /> either ttirough a judgment or the losing Party's voluntary action þefore arbitration (after it <br /> is scheduled), trial, or judgment; (b)the other Party withdraws its action without <br /> substantially obtaining the relief it sought; or (c) it did not initiate the litigation and judgment <br /> is entered for either part, but without substantially granting the relief sought. <br /> 11.3 Binding on Successors. <br /> This Lease shall bind the Parties' heirs, successors, representatives" and <br /> permitted assigns. <br /> 11.4 Brokerage Warranty. <br /> No commissions are payable in connection with this Lease. <br /> 11.5 Business Days. <br /> Business days means Monday and Friday inclusive, excluding Holidays as <br /> defined in Section 3.3.1. Throughout this Lease, wherever days is used the term shall <br /> refer tq calendar days. Wherever the term business days is u~ed the term shall refer to <br /> business days as defined hereunder. <br /> 43 <br /> ,. T' r" _. <br />