OMITTED.
ARTICLE XVII
NON-WAIVER
SECTION 17.01
NON WAIVER.
NEITHER ACCEPTANCE OF RENT (OR ANY PORTION THEREOF)
OR ANY OTHER SUMS PAYABLE BY TENANT HEREUNDER (OR ANY PORTION THEREOF) BY
LANDLORD NOR FAILURE BY LANDLORD TO COMPLAIN OF ANY ACTION, NON-ACTION OR
DEFAULT OF TENANT SHALL CONSTITUTE A WAIVER AS TO ANY BREACH OF ANY COVENANT OR
CONDITION OF TENANT CONTAINED HEREIN NOR A WAIVER OF ANY OF LANDLORD'S RIGHTS
HEREUNDER.
WAIVER BY LANDLORD OF ANY RIGHT FOR ANY DEFAULT OF TENANT SHALL NOT
CONSTITUTE A WAIVER OF ANY RIGHT FOR EITHER A PRIOR OR SUBSEQUENT DEFAULT OF THE
SAME OBLIGATION OR FOR ANY PRIOR OR SUBSEQUENT DEFAULT OF ANY OTHER OBLIGATION.
NO RIGHT OR REMEDY OF LANDLORD HEREUNDER OR COVENANT, DUTY OR OBLIGATION
HEREUNDER SHALL BE DEEMED WAIVED BY LANDLORD UNLESS SUCH WAIVER BE IN WRITING,
SIGNED BY LANDLORD.
ARTICLE XVIII
LANDLORD-TENANT RELATION
SECTION 18.01
NO VENTURE OR PARTNERSHIP.
THE RELATION CREATED BY THIS LEASE
CONTRACT IS THAT OF LANDLORD AND TENANT.
NEITHER THE PROVISIONS FOR PERCENTAGE
RENT NOR ANY OTHER PROVISION OF THIS LEASE SHALL BE CONSTRUED IN SUCH A WAY AS
TO CONSTITUTE LANDLORD AND TENANT JOINT VENTURERS OR CO-PARTNERS TO MAKE TENANT
THE AGENT OF LANDLORD OR TO MAKE LANDLORD LIABLE FOR THE DEBTS OF TENANT.
ARTICLE XIX
EMINENT DOMAIN
SECTION 19.01
TAKING OF LEASED PREMISES.
IF THERE SHALL BE TAKEN DURING THE
LEASE TERM ANY PORTION OF THE LEASED PREMISES, WHICH RENDERS THE REMAINING
PORTION UNSUITABLE FOR TENANT'S OPERATIONS, OR THAT PORTION OF THE COMMON AREA
DESIGNATED ON EXHIBIT "J"
ATTACHED HERETO, BY ANY AUTHORITY HAVING THE POWER OF
EMINENT DOMAIN, THEN AND IN THAT EVENT, THE TERM OF THIS LEASE SHALL CEASE AND
TERMINATE, AND THE DATE OF SUCH TERMINATION SHALL BE, AT LANDLORD'S ELECTION,
THE EARLIER OF EITHER THE DATE UPON WHICH POSSESSION SHALL BE TENDERED TO SUCH
AUTHORITY BY LANDLORD OR THE DATE UPON WHICH POSSESSION IS TAKEN BY SUCH
AUTHORITY.
SECTION 19.02
EMINENT DOMAIN AWARD.
ALL SUMS AWARDED OR AGREED UPON BETWEEN
LANDLORD AND THE CONDEMNING AUTHORITY FOR THE TAKING OF THE FEE OR THE LEASEHOLD
ESTATE, WHETHER AS DAMAGES OR AS COMPENSATION, WILL BE THE PROPERTY OF
LANDLORD.
TENANT HEREBY ASSIGNS TO LANDLORD ALL PROCEEDS, WHETHER BY WAY OF
COMPENSATION OR DAMAGES, OTHERWISE PAYABLE TO TENANT FOR THE LEASEHOLD ESTATE BY
REASON OF SUCH TAKING; HOWEVER, TENANT RESERVES THE RIGHT TO ITS
25
separate award for the loss of its improvements, business interruption and
relocation costs provided such award does not reduce Landlord's award.
SECTION 19.03
RENT PAYABLE UNTIL TAKING.
IF THIS LEASE SHOULD BE TERMINATED
UNDER ANY PROVISION OF THIS ARTICLE, RENTAL AND OTHER SUMS DUE AND PAYABLE BY
TENANT HEREUNDER SHALL BE PAYABLE UP TO THE DATE OF TERMINATION AND LANDLORD
WILL REFUND TO TENANT THAT PORTION OF ANY SUCH RENTAL AND OTHER SUMS PAID IN
ADVANCE, BUT NOT YET EARNED BY SUCH DATE.
SECTION 19.04
VOLUNTARY CONVEYANCE BY LANDLORD.
IN THE EVENT THAT ANY
AUTHORITY HAVING THE POWER OF EMINENT DOMAIN REQUESTS THAT LANDLORD CONVEY TO
SUCH