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the fair rental value of the Premises for the same period, discounted at the time of award at a reasonable
<br />rate not to exceed 10% per annum. If Lessor has relet the Premises for the period that otherwise would
<br />have constituted all or part of the unexpired portion of the Term, the amount of rent reserved on such
<br />~ reletting shall be deemed, prima facie, to be the fair and reasonable rental value for the part or the whole
<br />of the Premises so relet during the term of the reletting.
<br />18.4 No failure by Lessor to insist on the strict performance of any agreement, term,
<br />covenant, or condition of this Lease or to exercise any right or remedy consequent upon a breach, and
<br />no acceptance of full or partial Rent during the continuance of any such breach, constitutes a waiver of
<br />any such breach or of such agreement, term, covenant, or condition. No agreement, term, covenant, or
<br />condition to be performed or complied with by Lessee, and no breach by Lessee, shall be waived,
<br />altered, or modified except by a wntten instrument executed by Lessor. No waiver of any breach shall
<br />affect or alter this Lease, but each and every agreement, term, covenant, and condition of this Lease shall
<br />continue in full force and effect with respect to any other then-existing or subsequent breach.
<br />18.5 Each right and remedy provided for in this Lease shall be cumulative and shall be in
<br />addition to every other right or remedy provided for in this Lease or now or hereafter existing at law or
<br />in equity or by statute or otherwise, and the exercise or beginning of the exercise by Lessor or Lessee of
<br />any one or more of the rights or remedies provided for in this Lease or now or hereafter existing at law
<br />or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the party
<br />in question of any or all other rights or remedies provided for in this Lease or now or hereafter existmg
<br />at law or in equity or by statute or otherwise.
<br />Section 19. No Abatement of Rent
<br />19.1 Except as otherwise specifically provided in this Lease, no abatement, refund,
<br />diminution, or reduction of Rent or other compensation shall be claimed by or allowed to Lessee, or
<br />any person claiming under it, under any circumstances, whether for inconvenience, discomfort,
<br />interruption of business, or otherwise, arising from work on Improvements, by virtue or because of
<br />Legal Requirements, or the occunence of any matters referred to m Sections 7(casualty damage) and
<br />16 (condemnation) of this Lease, or for any other reason, cause, or occurrence.
<br />19.2 Unless caused by Lessor, if any adjoining Building or structure encroaches on the
<br />Premises, no claim, demand, or objection of any kind shall be made by Lessee against Lessor by reason
<br />of such encroachments; no claim for abatement of Rent due under this Lease shall be made by reason
<br />of such encroachments or acts of, or in connection with, removal of the encroachments. The rights,
<br />liabilities, and obligations of the parties shall be the same as if there were no encroachments. In any
<br />related legal proceedings, the Premises may properly and without prejudice be described according to
<br />the descnption previously used without reference to any such encroachments. Lessor agrees to
<br />cooperate with Lessee in any proceedings sought by Lessee to remove such encroachments, provided
<br />such cooperation does not cause Lessor to incur any expense.
<br />Section 20. Net Lease
<br />It is the intent of Lessor and Lessee that the rent specified and reserved in this Lease shall be
<br />absolutely net to Lessor, so that this lease shall yield, net to Lessor, the rents specified in this Lease in
<br />each year during the term of this Lease. All costs, expenses and obligations of every kind and nature
<br />whatsoever relating to the Premises (except as otherwise specifically provided in this Lease) shall be paid
<br />by Lessee.
<br />Section 21. Leasehold Mortgages
<br />21.1 Lessee shall have the right, in addition to any other rights granted and without any
<br />requirement to obtain Lessor's consent, to mortgage or grant a security interest in Lessee's interest in this
<br />Lease and the Premises and the Improvements and any subleases, under one or more leasehold
<br />mortgages or pursuant to a sale-leaseback financing arrangement to one or more Lending Institutions,
<br />as defined, and/or under one or more purchase money leasehold mortgages, and to assign this Lease
<br />and any subleases as collateral security for such leasehold mortgages or pursuant to the sale-leaseback
<br />financing anangement, on the condition that all rights acquired under such leasehold mortgages or
<br />pursuant to the sale-leaseback financing arrangement shall be subject to each and all of the covenants,
<br />Ground Lease Courthouse Square
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