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15 <br /> 23. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property, the Building, <br /> Building systems, common areas of the Building, and all structural elements of the Premises in <br /> compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, <br /> zoning and land use regulations, and restrictions of record, permits, building codes, and the <br /> requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may <br /> hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws <br /> regulating hazardous substances) (collectively "Laws"). LESSEE shall, in respect to the condition of the <br /> Premises and at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's <br /> specific and unique nature of use of the Premises; and tby all building codes requiring modifications to <br /> the Premises due to the improvements being made by LESSEE in the Premises. It shall be LESSOR's <br /> obligation to comply with all Laws relating to the Building in general, without regard to specific use <br /> (including, without limitation, modifications required to enable LESSEE to obtain all necessary building <br /> permits). <br /> 24. MOST FAVORED LESSEE. Intentionally Deleted. <br /> 25. SERVICE QUALITY. If upon completion of installation of LESSEE's communications <br /> facility as contemplated by this Agreement, LESSOR reasonably believes in good faith that LESSEE's <br /> communications facility does not provide reasonably sufficient coverage of its network within the <br /> Building, the LESSOR shall state in writing, with particularity, and deliver to LESSEE pursuant to the <br /> notice requirements within this Agreement, the deficiencies in coverage which LESSOR believes to exist <br /> (the "Service Quality Notice"). LESSOR and LESSEE shall thereupon meet at a time mutually agreed <br /> upon by the Parties and discuss options for resolving any performance issues asserted by LESSOR, and <br /> LESSEE shall use its best effort to resolve any actual performance issues with LESSEE's installed <br /> equipment. Notwithstanding anything to contrary contained herein, LESSOR may only send one Service <br /> Quality Notice to LESSEE every three(3)years during the Term of the Agreement. <br /> 26. MISCELLANEOUS. This Agreement contains all agreements, promises and <br /> understandings between the LESSOR and the LESSEE regarding this transaction, and no oral agreement, <br /> promises or understandings shall be binding upon either the LESSOR or the LESSEE in any dispute, <br /> controversy or proceeding. This Agreement may not be amended or varied except in a writing signed by <br /> all parties. This Agreement shall extend to and bind the heirs, personal representatives, successors and <br /> assigns hereto. The failure of either party to insist upon strict performance of any of the terms or <br /> conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights and <br /> such party shall have the right to enforce such rights at any time. This Agreement and the performance <br /> thereof shall be governed interpreted, construed and regulated by the laws of the state in which the <br /> Premises is located without reference to its choice of law rules. Each of the Parties hereto warrants to <br /> the other that the person or persons executing this Agreement on behalf of that Party has the full right, <br /> power and authority to enter into and execute this Agreement on that Party's behalf and that no <br /> consent from any other person or entity is necessary as a condition precedent to the legal effect of this <br /> Agreement. <br /> [Signatures on Following Page] <br /> 9 <br /> 4 849-2188-8346v8 <br /> 3000001-101524 <br />