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I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises, Lessor shall have the right to accept the Bona Fide Offer with respect to the Premises to the original offeror(s) in accordanceiwith the Bona Fide Offer, and shall provide to Lessor upon written request a Waiver of Right of First Refusal in 'ia form provided by Lessor within three (3) days of written demand.. TWENTY -FIFTH: Lessor shall not be required to do any work in, on or upon the Premises or the Building to ready the same for Lessee's use or occupancy of the Premises, it being acknowledged that Lesset is" fully familiar with the condition of the Premises and that Lessee has either undertaken an exhaustive examination of the same prior to the:execution of this Lease or has waived the opportunity to undertake such inspection. All work necessary for Lessee's use, occupancy and operation of the Premises for their intended purposes shall be done by Lessee, at Lessee's sole cost and expense, pursuant to the terms and conditions of this Lease. Lessor warrants that the existing electrical, mechanical, HV AC system, and plumbing shall be in good working order upon Lessee taking occupancy of the Premises. During the course of the lease, the tenant shall maintain the premises and make any repairs and replacements to the premises, the existing electrical, mechanical, HV AC system, and plumbing :that do not exceed $1500.00 per incidence of repair, and any cost above $1500 for an incidence of repair shall be paid by Lessor., provided in the event such incident of repair is caused by the act or negligence of Tenant, Tenant shall be solely reponsible for the cost of such repair. TWENTY-SIXTH: In the event it shall become necessary for either party at any time to institute any legal action or proceedings of any nature for the enforcement of this Lease, or any of the provisions hereof, or to employ an attorney-at-law therefore and said party prevails in such action or proceedings, then the non-prevailing party shall pay to the prevailing party such prevailing party's court costs, reasonable attorney's fees, incurred at all levels of litigation, including trial(s) and appeal(s), and any post-judgment collection fees and costs, including garnishments, executions and other procedures.. TWENTY SEiVENTH Bankruptcv. Landlord and Tenant understand that, notwithstanding certain provisions to the contrary contained herein, a trustee or debtor in possession under the Bankruptcy Code may have certain rights to assume or assign this Lease. Landlord and Tenant further understand that, in any event, Landlord is entitled under the Bankruptcy Code to adequate assurances of future performance of the provisions of this Lease. The parties agree that, with respect to any such assumption or assignment, the term "adequate assurance" shall include at least the following: (a) In order to assure Landlord that the proposed assignees will have the resources with which to pay all Base Rent and any additional rent payable pursuant to the provisions of this Lease, any proposed assignee must have, as demonstrated to Landlord's satisfaction, a net worth (as defined in accordance with generally accepted accounting principles consistently applied) of not less than the net worth of Tenant or any guarantor (whichever :is greater) on the date this Lease became effective, increased by 7%, compounded annually, for each year from the Rent Commencement Date through the date of the proposed assignment. It is understood and agreed that the financial condition and resources of Tenant were a material inducement to Landlord in entering into this Lease. (b) Any ptoposed assignee must have been engaged in the conduct of business for the 5 years prior to any such proposed ~ignment, which business does not violate the pennitted uses as set forth in Section 3.1(a) hereinabove, and such prop@~d assignee shall continue to engage in only such pernlitted use(s) and will not cause Landlord to be in violation or breach of any provision in any other lease, financing agreement, operating agreement or other agreement relating to the Building. It is understood and agreed that Landlord's 10