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<br />Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien or <br />hereafter arising upon the Leased Premises, or upon the premises and to any renewals, refinancing and <br />extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to <br />subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such <br />conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably <br />vested with full power and authority to subordinate this Lease to any mortgage, deed of trust or other lien <br />now exiting or hereafter placed upon the Leased Premises of the Building, and Tenant agrees upon <br />demand to execute such further instruments subordinating this Lease or atoning to the holder of any such <br />liens as Landlord may request. In the event that Tenant should fail to execute any instrument of <br />subordination herein required to be executed by Tenant promptly as requested. Tenant hereby <br />irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant's name, place <br />and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it will from <br />time to time upon request by Landlord execute and deliver to such persons as Landlord shall request a <br />statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there <br />have been modifications, that the same is in full force and effect as so modified), stating the dates to <br />which rent and other charges payable under this Lease have been paid, stating that Landlord is not in <br />default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further <br />stating such other matters as Landlord shall reasonably require. <br /> <br />19. Notice. <br /> <br />Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by <br />United States mail addressed as follows: <br /> <br />If to Landlord to: <br /> <br />City of La Porte, Texas <br />Attention: City Manager <br />804 West Fairmont Parkway, La Porte, Texas 77571 <br /> <br />If to Tenant: <br /> <br />Economic Alliance Houston Port Region <br />Attention: President/CEO <br /> <br />Landlord and Tenant shall each have the right from time to time to change the place notice is to be given <br />under this paragraph by written notice thereof to the other party. <br /> <br />20. Brokers. <br /> <br />Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that <br />Tenant has not otherwise engaged in any activity which could form the basis for a claim for real estate <br />commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. <br /> <br />21. Waiver. <br /> <br />No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any <br />action on account of such default if such default persists or is repeated, and no express waiver shall <br />affect any default other than the default specified in the express waiver and that only for the time and to <br />the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver <br />of a subsequent breach of the same covenant, term or condition. <br /> <br />22. Memorandum of Lease. <br /> <br />C:\Documents and Settings\FeazelleD\Local Settings\Temporary Internet Files\OLK6A\Lease Agreement <br />v6.doc <br />Page 5 of 6 <br />