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<br /> Landlord may at its option incur the expense necessary to perform said obligation of <br /> Tenant. If Landlord shall incur any expense, including reasonable attorneys' fees, in <br /> instituting, prosecuting or defending any action or proceedings instituted by reason of any <br /> Event of Default by Tenant, then Tenant shall reimburse Landlord upon demand for the <br /> reasonable amount of such expense with interest at the Interest Rate. <br /> Section 18.4 Interest on Late Payments. In the event that either party fails to pay any <br /> rent or other charge hereunder when due and such failure continues for ten (10) days after notice <br /> thereof from the party owed such amount to the party owing such amount, then such unpaid <br /> amounts shall bear interest from the date due until payment thereof at the Interest Rate. <br /> Section 18.5 Arbitration Of Disputes. <br /> (a) Disputed Defaults. In the event that either Landlord or Tenant disputes <br /> the existence of an alleged default or whether Landlord or Tenant is obligated to cure an <br /> alleged default under this Lease after being served by the other with a notice of default, <br /> the party who is alleged to have committed the default shall have such grace period as is <br /> provided in this Lease (or, if no such grace period is provided herein, ten (10) business <br /> days after receipt of such notice) or twenty (20) days after receipt of such notice <br /> (whichever is less) in which to submit the matter to binding arbitration as set forth below, <br /> in which event Landlord's remedies under Section 18.2, as well as any other right of <br /> Landlord to recover possession of the Premises or to terminate the Lease, and Tenant's <br /> remedies hereunder to terminate this Lease or to abate rent or to offset amOunts allegedly <br /> owed by Landlord to Tenant, shall be stayed pending the arbitration. In the event that the <br /> arbitration results in a finding that Landlord or Tenant is in default or is required to cure <br /> the alleged default, then the party in default shall have such grace period as is provided in <br /> this Lease to cure such default, commencing from the date the defaulting party receives a <br /> copy of the award of the arbitrator(s). Tenant's rights under this Section l8.5(a) shall not <br /> apply to a default consisting of the failure to pay Base Rent, Percentage Rent, Tenant's <br /> CAM Share of Common Area Expenses, or Tenant's Tax Share of Real Estate Taxes. <br /> Tenant's rights under this Section 18.5 ( a) shall not impair or otherwise affect any rights <br /> or remedies of Landlord other than the rights to terminate this Lease or to re-enter the <br /> Premises. Landlord's rights under this Section l8.5(a) shall not impair or otherwise <br /> affect any rights or remedies of Tenant other than the rights to terminate this Lease or to <br /> abate rent or to offset amounts allegedly owed by Landlord to Tenant. <br /> (b) Disputed Reimbursement. In the event either party disputes any demand <br /> for reimbursement, refund or offset by the other party, then the disputing party may <br /> within thirty (30) days after the receipt of the non-disputing party's demand for payment <br /> or offset serve a notice on the non-disputing party that it is submitting the matter to <br /> binding arbitration, as set forth below; provided, however that this Section l8.5(b) shall <br /> not excuse either party from its obligations to pay when due any demanded amount that is <br /> not being disputed in good faith. <br /> 61 <br /> CHG02:3091375.v8 <br /> . _.. ...' <br />