60606
Attention: Alec L. Rubenstein, Esq.
Telephone: 312/466-3569
Facsimile: 312/279-9882
And to:
DLA Piper Rudnick Gray Cary US LLP
203 North LaSalle Street
Suite 1900
Chicago, Illinois 60601
Attention: Ross Green
Telephone: 312/368-2132
Facsimile: 312/630-5307
16.
Occupancy, Condition of the Premises, Landlord's Indemnification.
Notwithstanding, anything contained in this Lease to the contrary, Landlord
hereby acknowledges that Tenant shall: (i) have no right to take occupancy of
the Premises, (ii) have no obligation to maintain the Premises and/or repair or
replace any damage to the Premises, and (have no obligation to obtain property
or liability insurance with respect to the Premises.
Landlord shall indemnify,
defend (with counsel reasonably acceptable to Tenant) and hold Tenant and its
employees, officers, members, shareholders, managers, directors and agents
harmless from and against any and all loss, cost, expense, liability, damage,
cause of action or claim (including, without limitation, attorneys' fees
incurred in connection therewith) arising out of or resulting from any claim in
connection with the Premises (other than in connection with Tenant's obligation
to pay Rent pursuant to this Lease),
8
INCLUDING, WITHOUT LIMITATION, LANDLORD'S RIGHT OF ENTRY UPON OF THE PREMISES AS
PROVIDED FOR IN THIS LEASE, AND SUCH INDEMNITY SHALL SURVIVE THE ANY TERMINATION
OF THIS LEASE; PROVIDED, HOWEVER, IN NO EVENT SHALL LANDLORD BE LIABLE FOR ANY
DAMAGES RELATING TO ANY OCCURRENCE PRIOR TO THE EFFECTIVE DATE.
17.
MISCELLANEOUS GENERAL PROVISIONS.
(A)
PAYMENTS DEEMED RENT.
ANY AMOUNTS OF MONEY TO BE PAID BY TENANT
TO LANDLORD PURSUANT TO THE PROVISIONS OF THIS LEASE, SHALL BE DEEMED RENT FOR
PURPOSES OF THIS LEASE; AND ANY FAILURE TO PAY ANY OF SAME AS PROVIDED IN
PARAGRAPH 11(A) HEREOF SHALL ENTITLE LANDLORD TO EXERCISE ALL OF THE RIGHTS AND
REMEDIES AFFORDED HEREBY OR BY LAW FOR THE COLLECTION AND ENFORCEMENT OF
TENANT'S OBLIGATION TO PAY RENT.
TENANT'S OBLIGATION TO PAY ANY SUCH RENT
PURSUANT TO THE PROVISIONS OF THIS LEASE SHALL SURVIVE THE EXPIRATION OR OTHER
TERMINATION OF THIS LEASE AND THE SURRENDER OF POSSESSION OF THE PREMISES AFTER
ANY HOLDOVER PERIOD.
(B)
ESTOPPEL LETTERS.
NOT MORE THAN TWO TIMES DURING THE TERM, TENANT
SHALL, WITHIN TWENTY (20) DAYS FOLLOWING WRITTEN REQUEST FROM LANDLORD, EXECUTE,
ACKNOWLEDGE AND DELIVER TO LANDLORD OR TO ANY LENDER, PURCHASER OR PROSPECTIVE
LENDER OR PURCHASER DESIGNATED BY LANDLORD A WRITTEN STATEMENT CERTIFYING
(I) THAT THIS LEASE IS IN FULL FORCE AND EFFECT AND UNMODIFIED (OR, IF MODIFIED,
STATING THE NATURE OF SUCH MODIFICATION), (II) THE DATE TO WHICH RENT HAS BEEN
PAID, (III) THAT THERE ARE NOT, TO TENANT'S KNOWLEDGE, ANY UNCURED DEFAULTS (OR
SPECIFYING SUCH DEFAULTS IF ANY ARE CLAIMED); AND (IV) SUCH FURTHER MATTERS AS
MAY BE REQUESTED BY LANDLORD.
ANY SUCH STATEMENT MAY BE RELIED UPON BY ANY
PROSPECTIVE PURCHASER OR MORTGAGEE OF ALL OR ANY PART OF THE PROPERTY.
TENANT'S
FAILURE TO DELIVER SUCH STATEMENT WITHIN SUCH PERIOD SHALL BE CONCLUSIVE UPON
TENANT THAT THIS LEASE IS IN FULL FORCE AND EFFECT AND UNMODIFIED, AND THAT
THERE ARE NO UNCURED DEFAULTS IN LANDLORD'S PERFORMANCE