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6.1 G <br /> Page 17 <br /> ATTACH MEN7 2 <br /> repairs or restoration to the Premises against Tenant's obligations to pay rent in <br /> connection with Landlord's duties of repair and res#oration under this Lease. <br /> 27. AUTHORITY <br /> 27.1 All individuals executing this Agreement on behalf of the partfes to this <br /> Agreement represent and warrant that they are authorized to execute and deliver <br /> this Lease on beha(f of their respec#ive party to this Agreement and that this <br /> Lease is binding upon said party to#his Agreement. <br /> 28. MISCELLANEOUS <br /> 28.1 Expenses of Enforcement. If there are any legal or arbitration proceedings <br /> between Lessor and Lessee to enforce any pravision af this Agreement or to <br /> protect or establish any right or remedy of either�essor ar Lessee hereunder, the <br /> unsuccessful party shall pay to the prevailing party all reasonable and customary <br /> costs and expenses, including reasanabie aftorney's fees (including, without <br /> Eimitation, the reasonabfe value of any in-house counsel services} incurred by <br /> such prevaiiing party in such proceeding and in any appeal in connection <br /> therewith. !f such prevailing party recovers a judgment in any such proceeding or <br /> appeal, such costs, expenses, and attorney's fees (inckuding #he reasonable <br /> value of in-house counset services) shaEl be determined by the court or <br /> arbitration panel handling the proceeding and shaH be included in and as part of <br /> such judgment. <br /> 28.2 Misrepresentations. Any statements submitted to Lessor in the Lessee's <br /> Application for Courthouse Square Concession Space ("Appiication") and this <br /> Lease Agreement by Lessee are considered inducements to execute this �.ease. <br /> Misrepresenta#ions by Lessee shall entitle Lessor to terminate this Lease. <br /> 28.3 Entire Agreement. This Agreernenf cantains afl the terrrfs, covenants, conditions <br /> and agreements between Lessor and Lessee relating in any manner ta the lease, <br /> use and occupancy of the premises. No priar or other agreement or <br /> understanding pertaining to the same shall be valid ar of any force and effect; <br /> and the terms, covenants and conditions of this Agreement cannot be altered, <br /> changed, modified or added to, except in writing signed by Lessor and Lessee. <br /> 28.4 Captions. Definitions and Severabifitv. The captions of the sections and <br /> subsections of this Agreemenf are for convenience and easy re#erence only and <br /> shal! not be considered or referred to in resolving questions of construction. <br /> Whenever in th'rs Agreement any words of obfigation or duty are used, such <br /> words shai( have tl�e same force and effect as though made in the form of <br /> covenants. All of the covenants and agreements herein contained are <br /> conditions, and the strict and prompt performance of �ach shall be conditions <br /> precedents to the right or to have this Agreement continus in effect. Should any <br /> provision of this Agreement be adjudged to be invalid, void or illegat, such <br /> adjudication shall in no way effect, impair or in�alidate any other provisions <br /> hereof, the parties hereta agreeing that #hey would have entered inta the <br /> remaining portion of this Agreement natwithstanding the omission of the portion <br /> or po�tions adjudged invalid, vaid or illegal. <br /> 28.5 Relationship of the Parties. Nathing contained in this Agreement shall be <br /> Atty/Agr/20Q6.033 14 <br /> 050508 <br />