IT EXPRESSES THEIR
AGREEMENT, AND THAT IT SHOULD NOT BE INTERPRETED IN FAVOR OF EITHER LANDLORD OR
TENANT OR AGAINST EITHER LANDLORD OR TENANT MERELY BECAUSE OF THEIR EFFORTS IN
ITS PREPARATION.
31.13
WAIVER OF LANDLORD'S LIEN. NOTWITHSTANDING ANYTHING CONTAINED HEREIN
TO THE CONTRARY, LANDLORD HEREBY WAIVES ANY STATUTORY LIENS AND ANY RIGHTS OF
DISTRESS WITH RESPECT TO TENANT'S PERSONALTY. THIS LEASE DOES NOT GRANT A
CONTRACTUAL LIEN OR ANY OTHER SECURITY INTEREST TO LANDLORD OR IN FAVOR OF
LANDLORD WITH RESPECT TO TENANT'S PERSONALTY. RESPECTING ANY MORTGAGEE OR OTHER
LENDER OF TENANT HAVING A SECURITY INTEREST IN TENANT'S PERSONALTY ("TENANT'S
MORTGAGEE"), LANDLORD AGREES AS FOLLOWS: (A) TO PROVIDE TENANT'S MORTGAGEE, UPON
WRITTEN REQUEST OF TENANT (ACCOMPANIED BY THE NAME AND ADDRESS OF TENANT'S
MORTGAGEE), WITH A COPY OF ANY DEFAULT NOTICE(S) GIVEN TO TENANT UNDER THIS
LEASE; PROVIDED, HOWEVER, THAT (I) LANDLORD ACKNOWLEDGES AND AGREES THAT WITH
RESPECT TO WACHOVIA BANK, NATIONAL ASSOCIATION, AS AGENT, AS TENANT'S MORTGAGEE,
SUCH TENANT REQUEST SHALL BE DEEMED TO HAVE BEEN MADE AS OF THE EFFECTIVE DATE,
AND (II) THE FAILURE TO DELIVER SUCH NOTICE SHALL NOT CONSTITUTE A DEFAULT BY
LANDLORD HEREUNDER, AND (B) TO ALLOW TENANT'S MORTGAGEE, PRIOR TO ANY
TERMINATION OF THIS LEASE OR REPOSSESSION OF THE APPLICABLE PROPERTY LOCATION BY
LANDLORD, THE SAME NOTICE RIGHTS AND PERIOD OF TIME TO CURE SUCH DEFAULT AS IS
ALLOWED TENANT UNDER THIS LEASE, AND (C) TO PERMIT TENANT'S MORTGAGEE TO GO UPON
THE APPLICABLE PROPERTY LOCATION FOR THE PURPOSE OF REMOVING TENANT'S PERSONALTY
ANY TIME WITHIN NINETY (90) DAYS AFTER THE EFFECTIVE DATE OF ANY TERMINATION OF
THIS LEASE OR ANY REPOSSESSION OF THE PREMISES OR ANY PART THEREOF BY LANDLORD.
LANDLORD FURTHER AGREES TO EXECUTE AND DELIVER THE FORM OF WRITTEN WAIVER
REASONABLY REQUESTED BY TENANT'S MORTGAGEE FROM TIME TO TIME TO EVIDENCE OR
EFFECT THE AFORESAID WAIVER AND AGREEMENTS OF LANDLORD OR SUBSTANTIALLY IN THE
FORM ATTACHED HERETO AS EXHIBIT F.
31.14
INVESTMENT TAX CREDITS. LANDLORD EXPRESSLY WAIVES AND RELINQUISHES
IN FAVOR OF TENANT ANY RIGHTS TO CLAIM THE BENEFIT OF OR TO USE ANY FEDERAL OR
STATE INVESTMENT TAX CREDITS THAT ARE CURRENTLY, OR MAY BECOME, AVAILABLE DURING
THE TERM AS A RESULT OF ANY INSTALLATION OF ANY EQUIPMENT, FURNITURE OR FIXTURES
INSTALLED BY TENANT IN OR ON THE PREMISES WHETHER OR NOT SUCH ITEMS BECOME A
PART OF THE REALTY AND AGREES, WITHOUT COST OR LIABILITY TO LANDLORD, TO EXECUTE
AND DELIVER TO TENANT ANY ELECTION FORM REASONABLY REQUIRED TO EVIDENCE TENANT'S
RIGHT TO CLAIM INVESTMENT TAX CREDITS.
31.15
SIGNAGE. TENANT SHALL BE ENTITLED TO PLACE SIGNS UPON EACH PROPERTY
LOCATION SUBJECT TO ANY APPLICABLE LAWS OR ANY APPLICABLE REAS.
31.16
DEFINITION OF CPI. "CPI" MEANS THE CONSUMER PRICE INDEX WHICH IS
DESIGNATED FOR THE APPLICABLE MONTH OF DETERMINATION AS THE UNITED STATES CITY
AVERAGE FOR ALL URBAN CONSUMERS, ALL ITEMS, NOT SEASONALLY ADJUSTED, WITH A
BASED PERIOD EQUALING 100 IN 1982 - 1984, AS PUBLISHED BY THE UNITED STATES
DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS OR