ANY SUCH
EVENT, OR (B) IF SUCH EVENT OCCURS WITHOUT THE ACQUIESCENCE OF TENANT, AT ANY
TIME AFTER THE EVENT CONTINUES FOR THIRTY (30) DAYS, GIVE TENANT A NOTICE OF
INTENTION TO END THE TERM OF THIS LEASE AT THE EXPIRATION OF FIVE (5) DAYS FROM
THE DATE OF SERVICE OF SUCH NOTICE OF INTENTION, AND UPON THE EXPIRATION OF SAID
FIVE (5) DAY PERIOD, THIS LEASE AND THE TERM AND ESTATE HEREBY GRANTED, WHETHER
OR NOT THE TERM SHALL THERETOFORE HAVE COMMENCED, SHALL TERMINATE WITH
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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 DEFAULT IN THE PAYMENT OF ANY INSTALLMENT OF
FIXED ANNUAL RENT, OR IN THE PAYMENT OF ANY ADDITIONAL RENT OR ANY OTHER CHARGE
PAYABLE BY TENANT TO LANDLORD, ON ANY DAY UPON WHICH SAME OUGHT TO BE PAID, AND
SUCH DEFAULT SHALL CONTINUE FOR SEVEN (7) 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, AND IF
SUCH SITUATION SHALL CONTINUE AND SHALL NOT BE REMEDIED BY TENANT WITHIN
TWENTY2FIFTEEN (15) 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 FIFTEEN (15) DAYS AND THE CONTINUATION
OF WHICH FOR 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 FIFTEEN (15) DAY PERIOD ADVISE LANDLORD OF
TENANT'S INTENTION TO DULY INSTITUTE ALL STEPS NECESSARY TO REMEDY SUCH
SITUATION, (II) DULY INSTITUTE WITHIN SAID FIFTEEN (15) DAY PERIOD, AND
THEREAFTER DILIGENTLY AND CONTINUOUSLY PROSECUTE TO COMPLETION ALL STEPS
NECESSARY TO REMEDY THE SAME AND (III) COMPLETE SUCH REMEDY WITHIN SUCH TIME
AFTER THE DATE OF THE GIVING OF SAID NOTICE OF LANDLORD AS SHALL REASONABLY BE
NECESSARY, OR
(C)
WHENEVER ANY EVENT SHALL OCCUR OR ANY CONTINGENCY SHALL ARISE
WHEREBY THIS LEASE OR THE ESTATE HEREBY GRANTED OR THE UNEXPIRED BALANCE OF THE
TERM HEREOF WOULD, BY OPERATION OF LAW OR OTHERWISE, DEVOLVE UPON OR PASS TO ANY
PERSON, FIRM OR CORPORATION OTHER THAN TENANT, EXCEPT AS EXPRESSLY PERMITTED BY
ARTICLE 11, OR
(D)
WHENEVER TENANT SHALL ABANDON THE DEMISED PREMISES (UNLESS AS A
RESULT OF A CASUALTY) (FOR PURPOSES OF THE FOREGOING "ABANDON" SHALL MEAN TENANT
VACATES THE DEMISED PREMISES FOR MORE THAN THIRTY (30) DAYS AND FAILS TO PERFORM
ITS OBLIGATIONS UNDER THIS LEASE), OR
(E)
WHENEVER IN CASE ANY OTHER LEASE HELD BY TENANT FROM LANDLORD
SHALL EXPIRE AND TERMINATE (WHETHER OR NOT