FOR THE TAKING OF
TENANT'S TRADE FIXTURES, EQUIPMENT OR PERSONAL PROPERTY AND FOR RELOCATION
EXPENSES SO LONG AS ANY SUCH CLAIM DOES NOT DIMINISH ANY AWARD TO LANDLORD.
18
(B)
IN THE EVENT THAT TITLE TO A PART OF THE BUILDING OTHER THAN THE
PREMISES SHALL BE SO CONDEMNED OR TAKEN AND IF IN THE OPINION OF THE LANDLORD,
THE BUILDING SHOULD BE RESTORED IN SUCH A WAY AS TO ALTER THE PREMISES
MATERIALLY, THE LANDLORD MAY TERMINATE THIS LEASE AND THE TERM AND ESTATE HEREBY
GRANTED BY NOTIFYING THE TENANT OF SUCH TERMINATION WITHIN SIXTY (60) DAYS
FOLLOWING THE DATE OF VESTING OF TITLE, AND THIS LEASE AND THE TERM AND ESTATE
HEREBY GRANTED SHALL EXPIRE ON THE DATE SPECIFIED IN THE NOTICE OF TERMINATION,
NOT LESS THAN SIXTY (60) DAYS AFTER THE GIVING OF SUCH NOTICE, AS FULLY AND
COMPLETELY AS IF SUCH DATE WERE THE DATE HEREINBEFORE SET FOR THE EXPIRATION OF
THE TERM OF THIS LEASE, AND THE RENT HEREUNDER SHALL BE APPORTIONED AS OF SUCH
DATE.
23.
TENANT'S DEFAULT AND LANDLORD'S REMEDIES.
All rights and remedies
of the Landlord herein enumerated shall be cumulative, and none shall exclude
any other right or remedy allowed by law.
In addition to the other remedies in
this Lease provided, the Landlord shall be entitled to restraint by injunction
of the violation or attempted violation of any of the covenants, agreements or
conditions of this Lease.
(A)
ANY ONE OF THE FOLLOWING EVENTS SHALL BE DEEMED TO BE AN "EVENT OF
DEFAULT" BY TENANT UNDER THIS LEASE:
(I)
TENANT FAILS TO PAY ANY INSTALLMENT OF ANNUAL BASE RENTAL OR
ADDITIONAL RENT WHEN DUE, OR ANY OTHER PAYMENT OR REIMBURSEMENT TO LANDLORD
REQUIRED HEREIN WHEN DUE, AND SUCH FAILURE SHALL CONTINUE FOR A PERIOD OF FIVE
(5) DAYS FROM THE DATE SUCH PAYMENT WAS DUE AND LANDLORD SHALL PROVIDE TENANT
NOTICE OF SAID NON-PAYMENT AND ALLOW AN ADDITIONAL FIVE (5) DAY PERIOD TO CURE;
HOWEVER, LANDLORD SHALL ONLY BE REQUIRED TO PROVIDE SAID NOTICE ONCE TO TENANT
IN ANY TWELVE (12) MONTH PERIOD;
(II)
TENANT DEFAULTS IN THE PROMPT AND FULL PERFORMANCE OF ANY OTHER
PROVISION OF THIS LEASE AND SUCH DEFAULT CONTINUES FOR THIRTY (30) DAYS AFTER
NOTICE FROM LANDLORD TO TENANT; OR, IF SUCH BREACH OR NONCOMPLIANCE CANNOT BE
REASONABLY CURED WITHIN SUCH THIRTY (30) DAY PERIOD, TENANT DOES NOT, IN GOOD
FAITH, COMMENCE TO CURE SUCH BREACH OR NONCOMPLIANCE WITHIN SUCH THIRTY (30) DAY
PERIOD;
(III)
IF THE TENANT SHALL (A) APPLY FOR CONSENT TO THE APPOINTMENT OF A
RECEIVER, TRUSTEE OR LIQUIDATOR OF THE TENANT OR OF ALL OR A SUBSTANTIAL PART OF
ITS ASSETS; (B) ADMIT IN WRITING ITS INABILITY TO PAY ITS DEBTS AS THEY COME
DUE; (C) MAKE A GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS; (D) FILE A
PETITION OR ANY ANSWER SEEKING REORGANIZATION OR ARRANGEMENT WITH CREDITORS OR
TO TAKE ADVANTAGE OF ANY INSOLVENCY LAW OTHER THAN THE FEDERAL BANKRUPTCY CODE;
(E) FILE AN ANSWER ADMITTING THE MATERIAL ALLEGATIONS OF