AFFECT THE
CONSTRUCTION OF THIS LEASE.
(E)
THE TERM "MORTGAGE" SHALL INCLUDE A MORTGAGE, DEED OF TRUST OR
SIMILAR INSTRUMENT, AND SHALL INCLUDE ANY SUCH INSTRUMENT TO A TRUSTEE TO SECURE
AN ISSUE OF
4
BONDS, AND THE TERM "MORTGAGEE" SHALL INCLUDE THE SECURED PARTY THEREUNDER,
INCLUDING, SUCH A TRUSTEE.
(F)
THE TERMS "INCLUDE", "INCLUDING" AND "SUCH AS" SHALL EACH BE
CONSTRUED AS IF FOLLOWED BY THE PHRASE "WITHOUT BEING LIMITED TO".
(G)
THE TERM "OBLIGATIONS OF THIS LEASE" AND WORDS OF LIKE IMPORT,
SHALL MEAN THE COVENANTS TO PAY BASE RENT AND ADDITIONAL RENT UNDER THIS LEASE
AND ALL OF THE OTHER COVENANTS AND CONDITIONS CONTAINED IN THIS LEASE. ANY
PROVISION IN THIS LEASE THAT ONE PARTY OR THE OTHER PARTY OR BOTH SHALL DO OR
NOT DO OR SHALL CAUSE OR PERMIT OR NOT CAUSE OR PERMIT A PARTICULAR ACT,
CONDITION OR CIRCUMSTANCE SHALL BE DEEMED TO MEAN THAT SUCH PARTY SO COVENANTS
OR BOTH PARTIES SO COVENANT, AS THE CASE MAY BE.
(H)
THE TERM "TENANT'S OBLIGATIONS HEREUNDER", AND WORDS OF LIKE
IMPORT, AND THE TERM "LANDLORD'S OBLIGATIONS HEREUNDER", AND WORDS OF LIKE
IMPORT, SHALL MEAN THE OBLIGATIONS, TERMS, COVENANTS, PROVISIONS OR CONDITIONS
OF THIS LEASE WHICH ARE TO BE PERFORMED OR OBSERVED BY TENANT, OR BY LANDLORD,
AS THE CASE MAY BE. REFERENCE TO "PERFORMANCE" OF EITHER PARTY'S OBLIGATIONS
UNDER THIS LEASE SHALL BE CONSTRUED AS "PERFORMANCE AND OBSERVANCE".
(I)
REFERENCE TO TENANT BEING "IN DEFAULT HEREUNDER", OR WORDS OF
LIKE IMPORT, SHALL MEAN THAT TENANT IS IN DEFAULT IN THE PERFORMANCE OF ONE OR
MORE OF TENANT'S OBLIGATIONS HEREUNDER, AND REFERENCE TO TENANT NOT BEING "IN
DEFAULT HEREUNDER" SHALL MEAN THAT TENANT IS NOT IN DEFAULT IN THE PERFORMANCE
OF ANY OF TENANT'S OBLIGATIONS.
(J)
THE TERM "REPAIR" SHALL BE DEEMED TO INCLUDE RESTORATION AND
REPLACEMENT AS MAY BE NECESSARY TO ACHIEVE AND/OR MAINTAIN GOOD WORKING ORDER
AND CONDITION.
(K)
REFERENCE TO "TERMINATION OF THIS LEASE" INCLUDES EXPIRATION OR
EARLIER TERMINATION OF THE TERM OR CANCELLATION OF THIS LEASE PURSUANT TO ANY OF
THE PROVISIONS OF THIS LEASE OR OF ANY LEGAL REQUIREMENT.
UPON A TERMINATION OF
THIS LEASE, THE TERM AND ESTATE GRANTED BY THIS LEASE SHALL END AT 11:59 P.M. OF
THE DATE OF TERMINATION AS IF SUCH DATE WERE THE EXPIRATION DATE AND NEITHER
PARTY SHALL HAVE ANY FURTHER OBLIGATION OR LIABILITY TO THE OTHER AFTER SUCH
TERMINATION (I) EXCEPT AS SHALL BE EXPRESSLY PROVIDED FOR IN THIS LEASE, OR
(II) EXCEPT FOR SUCH OBLIGATIONS AS BY THEIR NATURE OR UNDER THE CIRCUMSTANCES
CAN ONLY BE, OR BY THE EXPRESS PROVISIONS OF THIS LEASE, MAY BE, PERFORMED AFTER
SUCH TERMINATION, AND, IN ANY EVENT, UNLESS EXPRESSLY OTHERWISE PROVIDED IN THIS
LEASE, ANY LIABILITY FOR PAYMENT WHICH SHALL HAVE ACCRUED TO OR WITH RESPECT TO
ANY PERIOD ENDING AT THE TIME OF TERMINATION SHALL SURVIVE THE TERMINATION OF
THIS LEASE.
(L)
THE TERM "TENANT" SHALL MEAN TENANT HEREIN NAMED OR ANY IMMEDIATE
OR REMOTE ASSIGNEE OF OR OTHER SUCCESSOR TO THE TENANT'S