LEASED PROPERTY
OR OF LESSEE'S INTEREST UNDER THIS LEASE IS CONDEMNED BY ANY CONDEMNOR FOR ITS
TEMPORARY USE OR OCCUPANCY, THIS LEASE SHALL NOT TERMINATE BY REASON THEREOF,
AND LESSEE SHALL CONTINUE TO PAY, IN THE MANNER AND AT THE TERMS HEREIN
SPECIFIED, THE FULL AMOUNT OF ALL BASE RENT, PERCENTAGE RENT, AND ADDITIONAL
CHARGES.
EXCEPT ONLY TO THE EXTENT THAT LESSEE MAY BE PREVENTED FROM SO DOING
PURSUANT TO THE TERMS OF THE ORDER OF THE CONDEMNOR, LESSEE SHALL CONTINUE TO
PERFORM AND OBSERVE ALL OF THE OTHER TERMS, COVENANTS, CONDITIONS AND
OBLIGATIONS HEREOF ON THE PART OF THE LESSEE TO BE PERFORMED AND OBSERVED, AS
THOUGH SUCH CONDEMNATION HAD NOT OCCURRED.
IN THE EVENT OF ANY CONDEMNATION AS
IS IN THIS SECTION 15.6 DESCRIBED, THE ENTIRE AMOUNT OF ANY AWARD MADE FOR SUCH
CONDEMNATION ALLOCABLE TO THE TERM, WHETHER PAID BY WAY OF DAMAGES, RENT OR
OTHERWISE, SHALL BE PAID TO LESSEE IF PERMITTED BY ANY HOLDER.
LESSEE COVENANTS
THAT UPON THE TERMINATION OF ANY SUCH PERIOD OF TEMPORARY USE OR OCCUPANCY IT
WILL, AT ITS SOLE COST AND EXPENSE (SUBJECT TO LESSOR'S CONTRIBUTION AS SET
FORTH BELOW), RESTORE THE LEASED PROPERTY AS NEARLY AS MAY BE REASONABLY
POSSIBLE TO THE CONDITION IN WHICH THE SAME WAS IMMEDIATELY PRIOR TO SUCH
CONDEMNATION, UNLESS SUCH PERIOD OF TEMPORARY USE OR OCCUPANCY EXTENDS BEYOND
THE EXPIRATION OF THE TERM, IN WHICH CASE LESSEE SHALL NOT BE REQUIRED TO MAKE
SUCH RESTORATION.
IF RESTORATION IS REQUIRED HEREUNDER, LESSOR SHALL CONTRIBUTE
TO THE COST OF SUCH RESTORATION THAT PORTION OF ITS ENTIRE AWARD THAT IS
SPECIFICALLY ALLOCATED TO SUCH RESTORATION IN THE JUDGMENT OR ORDER OF THE
COURT, IF ANY, AND LESSEE SHALL FUND THE BALANCE OF SUCH COSTS IN ADVANCE OF
RESTORATION IN A MANNER REASONABLY SATISFACTORY TO LESSOR.
37
ARTICLE XVI
DEFAULTS
16.1
EVENTS OF DEFAULT.
ANY ONE OR MORE OF THE FOLLOWING EVENTS SHALL
CONSTITUTE AN "EVENT OF DEFAULT" (HEREIN SO CALLED) HEREUNDER:
(A)
IF LESSEE FAILS TO PAY ANY BASE RENT, PERCENTAGE RENT, IMPOSITIONS
OR ADDITIONAL CHARGES, AND SUCH FAILURE
CONTINUES FOR A PERIOD OF TEN (10) DAYS
AFTER WRITTEN NOTICE SPECIFYING SUCH FAILURE HAS BEEN PROVIDED LESSEE BY LESSOR,
PROVIDED THAT LESSOR SHALL NOT BE REQUIRED TO GIVE ANY SUCH NOTICE MORE THAN TWO
(2) TIMES IN ANY LEASE YEAR AND THAT ANY THIRD OR SUBSEQUENT FAILURE BY LESSEE
DURING SUCH LEASE YEAR TO MAKE ANY PAYMENT OF BASE RENT, PERCENTAGE RENT OR
ADDITIONAL CHARGES ON THE DATE THE SAME BECOMES DUE AND PAYABLE SHALL CONSTITUTE
AN IMMEDIATE EVENT OF DEFAULT; OR
(B)
IF LESSEE FAILS TO OBSERVE OR PERFORM ANY OTHER TERM, COVENANT OR
CONDITION OF THIS LEASE AND SUCH FAILURE IS NOT CURED BY LESSEE WITHIN A PERIOD
OF 30 DAYS AFTER RECEIPT BY THE LESSEE OF NOTICE THEREOF FROM LESSOR, UNLESS
SUCH FAILURE CANNOT WITH DUE DILIGENCE BE CURED WITHIN A PERIOD OF 30 DAYS, IN
WHICH CASE IT SHALL NOT BE DEEMED AN EVENT OF DEFAULT IF LESSEE PROCEEDS
PROMPTLY AND WITH