TENANT OR ANY SUCH GUARANTOR
SHALL APPLY FOR, CONSENT TO, OR ACQUIESCE IN, THE APPOINTMENT OF A TRUSTEE,
RECEIVER, SEQUESTRATOR OR OTHER CUSTODIAN FOR TENANT OR SUCH GUARANTOR OR ANY
PROPERTY OF ANY THEREOF, OR MAKE A GENERAL ASSIGNMENT FOR THE BENEFIT OF
CREDITORS; OR, IN THE ABSENCE OF SUCH APPLICATION, CONSENT OR ACQUIESCENCE, A
TRUSTEE, RECEIVER, SEQUESTRATOR OR OTHER CUSTODIAN SHALL BE APPOINTED FOR TENANT
OR ANY SUCH GUARANTOR OR FOR A SUBSTANTIAL PART OF THE PROPERTY OF ANY THEREOF
AND NOT BE DISCHARGED WITHIN 90 DAYS; OR ANY BANKRUPTCY, REORGANIZATION, DEBT
ARRANGEMENT, OR OTHER CASE OR PROCEEDING UNDER ANY BANKRUPTCY OR INSOLVENCY LAW,
OR ANY DISSOLUTION, WINDING UP OR LIQUIDATION PROCEEDING, SHALL BE COMMENCED IN
RESPECT OF TENANT OR ANY SUCH GUARANTOR, AND, IF NOT COMMENCED BY TENANT OR SUCH
GUARANTOR, BE CONSENTED TO OR ACQUIESCED IN BY TENANT OR SUCH GUARANTOR, SHALL
RESULT IN THE ENTRY OF AN ORDER FOR RELIEF OR SHALL REMAIN FOR 90 DAYS
UNDISMISSED; OR TENANT OR ANY SUCH GUARANTOR SHALL TAKE ANY CORPORATE ACTION TO
AUTHORIZE, OR IN FURTHERANCE OF, ANY OF THE FOREGOING, THEN LANDLORD MAY AT ANY
TIME AFTER RECEIPT OF NOTICE OF THE OCCURRENCE OF ANY SUCH EVENT, GIVE TENANT A
NOTICE OF INTENTION TO END THE TERM AT THE EXPIRATION OF FIVE (5) BUSINESS DAYS
FROM THE DATE OF SERVICE OF SUCH NOTICE OF INTENTION, AND UPON THE EXPIRATION OF
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SAID FIVE (5) BUSINESS DAY PERIOD THIS LEASE AND THE TERM AND ESTATE HEREBY
GRANTED, WHETHER OR NOT THE TERM SHALL THERETOFORE HAVE COMMENCED, SHALL
TERMINATE WITH THE SAME EFFECT AS IF THAT DAY WERE THE EXPIRATION DATE, BUT
TENANT SHALL REMAIN LIABLE FOR DAMAGES AS PROVIDED IN ARTICLE 18.
16.02
THIS LEASE AND THE TERM AND ESTATE HEREBY GRANTED ARE SUBJECT TO
FURTHER LIMITATION AS FOLLOWS:
(A)
WHENEVER TENANT SHALL FAIL TO PAY ANY INSTALLMENT OF BASIC ANNUAL
RENT OR ANY ADDITIONAL RENT OR ANY OTHER CHARGE PAYABLE BY TENANT TO LANDLORD,
ON THE DAY THE SAME IS DUE AND PAYABLE PURSUANT TO THE TERMS HEREOF, AND SUCH
DEFAULT SHALL CONTINUE FOR TEN (10) BUSINESS DAYS AFTER LANDLORD SHALL HAVE
GIVEN TENANT A NOTICE SPECIFYING SUCH DEFAULT, OR
(B)
WHENEVER TENANT SHALL DO OR PERMIT ANYTHING TO BE DONE, WHETHER BY
ACTION OR INACTION, CONTRARY TO ANY OF TENANT'S OBLIGATIONS HEREUNDER (EXCEPT AS
PROVIDED IN CLAUSES (A), (C), (D), (E) AND (F) OF THIS SECTION 16.02) AND IF
SUCH SITUATION SHALL CONTINUE AND SHALL NOT BE REMEDIED BY TENANT WITHIN THIRTY
(30) DAYS AFTER LANDLORD SHALL HAVE GIVEN TO TENANT A NOTICE SPECIFYING THE
SAME, OR, IN THE CASE OF A HAPPENING OR DEFAULT WHICH CANNOT WITH DUE DILIGENCE
BE CURED WITHIN A PERIOD OF THIRTY (30) DAYS AND THE CONTINUATION OF THE PERIOD
REQUIRED FOR CURE WILL NOT SUBJECT LANDLORD TO THE RISK OF CRIMINAL LIABILITY
(AS MORE PARTICULARLY DESCRIBED IN ARTICLE 8 HEREOF) OR TERMINATION OF ANY
SUPERIOR LEASE OR FORECLOSURE OF ANY SUPERIOR MORTGAGE, IF TENANT SHALL NOT
(I) WITHIN SAID THIRTY