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<br />26.2 Landlord shall have the right to terminate this Lease by giving written notice of <br />termination to Tenant within thirty (30) days after the date of the damage or <br />destruction, and Tenant's obligation to pay Rent and other charges under this <br />Lease shall terminate as of the date of the damage or destruction. <br /> <br />26.3 Except as otherwise provided in this Agreement, damage to or destruction of the <br />Premises shall not terminate this Agreement or result in the abatement of any <br />rent or other charges payable under this Agreement. Tenant expressly waives <br />any right it may have, in law or equity, to offset any cost incurred by Tenant for <br />repairs or restoration to the Premises against Tenant's obligations to pay rent in <br />connection with Landlord's duties of repair and restoration under this Lease. <br /> <br />27. AUTHORITY <br />27.1 All individuals executing this Agreement on behalf of the parties to this <br />Agreement represent and warrant that they are authorized to execute and deliver <br />this Lease on behalf of their respective party to this Agreement and that this <br />Lease is binding upon said party to this Agreement. <br /> <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 provision of this Agreement or to <br />protect or establish any right or remedy of either Lessor or Lessee hereunder, the <br />unsuccessful party shall pay to the prevailing party all reasonable and customary <br />costs and expenses, including reasonable attorney's fees (including, without <br />limitation, the reasonable value of any in-house counsel services) incurred by <br />such prevailing party in such proceeding and in any appeal in connection <br />therewith. If such prevailing party recovers a judgment in any such proceeding or <br />appeal, such costs, expenses, and attorney's fees (including the reasonable <br />value of in-house counsel services) shall be determined by the court or <br />arbitration panel handling the proceeding and shall be included in and as part of <br />such judgment. <br /> <br />28.2 Misrepresentations. Any statements submitted to Lessor in the Lessee's <br />Application for Courthouse Square Concession Space ("Application") and this <br />Lease Agreement by Lessee are considered inducements to execute this Lease. <br />Misrepresentations by Lessee shall entitle Lessor to terminate this Lease. <br /> <br />28.3 Entire Aareement. This Agreement contains all the terms, covenants, conditions <br />and agreements between Lessor and Lessee relating in any manner to the <br />Lease, use and occupancy of the premises. No prior or other agreement or <br />understanding pertaining to the same shall be valid or 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 /> <br />28.4 Captions, Definitions and Severability. The captions of the sections and <br />subsections of this Agreement are for convenience and easy reference only and <br />shall not be considered or referred to in resolving questions of construction. <br />Whenever in this Agreement any words of obligation or duty are used, such <br />words shall have the 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 each shall be conditions <br /> <br />ATTY/AGR/2010.012 <br />022610 <br /> <br />~nitialS <br /> <br />14 <br />