TAKING AS IN THIS SECTION 11.05 REFERRED TO, LESSEE
SHALL BE ENTITLED TO RECEIVE THE ENTIRE AMOUNT OF ANY AWARD MADE FOR SUCH
TAKING, WHETHER PAID BY WAY OF DAMAGES, RENT OR OTHERWISE, UNLESS SUCH PERIOD OF
TEMPORARY USE OR OCCUPANCY SHALL EXTEND BEYOND THE DEMISED TERM IN WHICH CASE
SUCH AWARD SHALL BE APPORTIONED BETWEEN LESSOR AND LESSEE AS OF SUCH DATE OF
EXPIRATION. LESSEE COVENANTS THAT, UPON THE TERMINATION OF ANY SUCH PERIOD OF
TEMPORARY USE OR OCCUPANCY (WHETHER PRIOR TO OR SUBSEQUENT TO THE TERMINATION OF
THIS LEASE), IT WILL, AT ITS SOLE COST AND EXPENSE, RESTORE THE DEMISED PREMISES
AND THE IMPROVEMENTS, AS NEARLY AS MAY BE REASONABLY POSSIBLE, TO THE CONDITION
IN WHICH THE SAME WERE IMMEDIATELY PRIOR TO SUCH TAKING. TO THE EXTENT THAT
LESSOR RECEIVES, BY WAY OF SUCH APPORTIONMENT OR OTHERWISE, ANY AWARD OR PAYMENT
TO PAY OR COMPENSATE FOR THE RESTORATION OF THE PREMISES, LESSOR WILL PAY SUCH
SUM TO LESSEE.
16
ARTICLE TWELVE
LESSOR'S RIGHTS TO PERFORM LESSEE'S COVENANTS
SECTION 12.01.
LESSEE COVENANTS AND AGREES THAT IF IT SHALL AT ANY TIME
FAIL TO PAY, OR CAUSE TO BE PAID, AN EXPENSE, TAX, CHARGE OR OBLIGATION PURSUANT
TO THE PROVISIONS OF ARTICLE THREE HEREOF, OR TO TAKE OUT, PAY FOR, MAINTAIN OR
DELIVER OR CAUSE TO BE TAKEN OUT, PAID FOR, MAINTAINED OR DELIVERED ANY OF THE
INSURANCE POLICIES PROVIDED FOR IN ARTICLE TEN HEREOF, OR SHALL FAIL TO MAKE ANY
OTHER PAYMENT OR PERFORM ANY OTHER ACT WHICH LESSEE IS OBLIGATED TO MAKE OR
PERFORM UNDER THIS LEASE, OR CAUSE SUCH TO BE DONE, THEN LESSOR MAY, BUT SHALL
NOT BE OBLIGATED SO TO DO, AFTER TEN (10) DAYS' NOTICE TO LESSEE (BUT WITHOUT
NOTICE IN THE EVENT OF AN EMERGENCY) AND WITHOUT WAIVING, OR RELEASING LESSEE
FROM, ANY OBLIGATION OF LESSEE IN THIS LEASE CONTAINED, PAY ANY SUCH EXPENSE,
TAX, CHARGE OR OBLIGATION OR EFFECT SUCH INSURANCE COVERAGE AND PAY PREMIUMS
THEREFOR, AND MAY MAKE ANY OTHER PAYMENT OR PERFORM ANY OTHER ACT WHICH LESSEE
IS OBLIGATED TO PERFORM UNDER THIS LEASE, IN SUCH MANNER AND TO SUCH EXTENT AS
SHALL BE NECESSARY, AND, IN EXERCISING ANY SUCH RIGHTS, PAY NECESSARY AND
INCIDENTAL COSTS AND EXPENSES, EMPLOY COUNSEL AND INCUR AND PAY REASONABLE
ATTORNEYS' FEES AND EXPENSES. ALL SUMS SO PAID BY LESSOR AND ALL NECESSARY AND
INCIDENTAL COSTS AND EXPENSES IN CONNECTION WITH THE PERFORMANCE OF ANY SUCH ACT
BY LESSOR, TOGETHER WITH INTEREST THEREON AT THE INVOLUNTARY RATE FROM THE DATE
OF THE MAKING OF SUCH EXPENDITURE BY LESSOR, SHALL BE DEEMED ADDITIONAL RENT
HEREUNDER AND, EXCEPT AS OTHERWISE IN THIS LEASE EXPRESSLY PROVIDED, SHALL BE
PAYABLE TO LESSOR AS ADDITIONAL RENT ON THE NEXT RENT PAYMENT DATE, AND LESSEE
COVENANTS TO PAY ANY SUCH SUM OR SUMS WITH INTEREST AS AFORESAID AND LESSOR
SHALL HAVE THE SAME RIGHTS AND REMEDIES IN THE EVENT OF THE NON-PAYMENT THEREOF
BY LESSEE AS IN THE CASE OF DEFAULT BY LESSEE IN THE PAYMENT OF THE RENT.
ARTICLE