"ARTICLE
" SHALL BE
DEEMED TO REFER TO THE SECTION, SUBSECTION OR ARTICLE OF THIS LEASE BEARING THE
NUMBER SO SPECIFIED.
REFERENCES IN THIS LEASE TO "EXHIBIT
" SHALL BE DEEMED
TO REFER TO THE EXHIBIT OR SCHEDULE OF THIS LEASE BEARING THE LETTER OR NUMBER
SO SPECIFIED.
(C)
UNLESS OTHERWISE SPECIFIED OR UNLESS
INAPPROPRIATE IN ANY SPECIFIC CONTEXT, ALL REFERENCES IN THIS LEASE TO ANY
SINGULAR NOUN SHALL BE DEEMED EQUALLY APPLICABLE TO THE PLURAL OF SUCH NOUN, AND
ALL REFERENCES TO THE PLURAL OF ANY NOUN SHALL BE DEEMED EQUALLY APPLICABLE TO
THE SINGULAR OF SUCH NOUN.
(D)
CAPTIONS USED FOR OR IN SECTIONS, ARTICLES,
SCHEDULES AND EXHIBITS OF THIS LEASE ARE FOR CONVENIENCE OF REFERENCE ONLY AND
SHALL NOT AFFECT THE CONSTRUCTION OF THIS LEASE.
(E)
THE TERM "MORTGAGE" SHALL INCLUDE A
MORTGAGE, DEED OF TRUST OR SIMILAR INSTRUMENT, AND SHALL INCLUDE ANY SUCH
INSTRUMENT TO A TRUSTEE TO SECURE AN ISSUE OF BONDS, AND THE TERM "MORTGAGEE"
SHALL INCLUDE THE SECURED PARTY THEREUNDER, INCLUDING, SUCH A TRUSTEE.
(F)
THE TERMS "INCLUDE", "INCLUDING" AND
"SUCH AS" SHALL EACH BE CONSTRUED AS IF FOLLOWED BY THE PHRASE "WITHOUT BEING
LIMITED TO".
(G)
THE TERM "OBLIGATIONS OF THIS LEASE" AND
WORDS OF LIKE IMPORT, SHALL MEAN THE COVENANTS TO PAY BASE RENT AND ADDITIONAL
RENT UNDER THIS LEASE AND ALL OF THE OTHER COVENANTS AND CONDITIONS CONTAINED IN
THIS LEASE. ANY PROVISION IN THIS LEASE THAT ONE PARTY OR THE OTHER PARTY OR
BOTH SHALL DO OR NOT DO OR SHALL CAUSE OR PERMIT OR NOT CAUSE OR PERMIT A
PARTICULAR ACT, CONDITION OR CIRCUMSTANCE SHALL BE DEEMED TO MEAN THAT SUCH
PARTY SO COVENANTS OR BOTH PARTIES SO COVENANT, AS THE CASE MAY BE.
(H)
THE TERM "TENANT'S OBLIGATIONS HEREUNDER",
AND WORDS OF LIKE IMPORT, AND THE TERM "LANDLORD'S OBLIGATIONS HEREUNDER", AND
WORDS OF LIKE IMPORT, SHALL MEAN THE OBLIGATIONS, TERMS, COVENANTS, PROVISIONS
OR CONDITIONS OF THIS LEASE WHICH ARE TO BE PERFORMED OR OBSERVED BY TENANT, OR
BY LANDLORD, AS THE CASE MAY BE. REFERENCE TO "PERFORMANCE" OF EITHER PARTY'S
OBLIGATIONS UNDER THIS LEASE SHALL BE CONSTRUED AS "PERFORMANCE AND OBSERVANCE".
(I)
REFERENCE TO TENANT BEING "IN DEFAULT
HEREUNDER", OR WORDS OF LIKE IMPORT, SHALL MEAN THAT TENANT IS IN DEFAULT IN THE
PERFORMANCE OF ONE OR MORE OF TENANT'S OBLIGATIONS HEREUNDER, AND REFERENCE TO
TENANT NOT BEING "IN DEFAULT HEREUNDER" SHALL MEAN THAT TENANT IS NOT IN DEFAULT
IN THE PERFORMANCE OF ANY OF TENANT'S OBLIGATIONS.
5
(J)
THE TERM "REPAIR" SHALL BE DEEMED TO
INCLUDE RESTORATION AND REPLACEMENT AS MAY BE NECESSARY TO ACHIEVE AND/OR
MAINTAIN GOOD WORKING ORDER AND CONDITION.
(K)
REFERENCE TO "TERMINATION OF THIS LEASE"
INCLUDES EXPIRATION OR EARLIER TERMINATION OF THE TERM OR CANCELLATION OF THIS
LEASE PURSUANT TO ANY OF THE PROVISIONS OF THIS LEASE OR OF ANY LEGAL
REQUIREMENT.
UPON A TERMINATION OF THIS LEASE, THE TERM AND ESTATE GRANTED BY
THIS LEASE SHALL END AT 11:59 P.M. OF THE DATE OF TERMINATION AS IF SUCH DATE
WERE