CHARGES HAVE BEEN PAID SHALL BE RECEIVED, HELD AND APPLIED
BY LANDLORD AS A TRUST FUND FOR PAYMENT OF THE FIXED RENT AND ADDITIONAL CHARGES
BECOMING DUE HEREUNDER.
20.05
IN THE EVENT OF A TAKING OF LESS THAN THE WHOLE OF THE
BUILDING AND/OR THE LAND WHICH DOES NOT RESULT IN TERMINATION OF THIS LEASE, OR
IN THE EVENT OF A TAKING FOR A TEMPORARY USE OR OCCUPANCY OF ALL OR ANY PART OF
THE PREMISES WHICH DOES NOT RESULT IN A TERMINATION OF THIS LEASE, (A) LANDLORD,
AT ITS EXPENSE, AND WHETHER OR NOT ANY AWARD OR AWARDS SHALL BE SUFFICIENT FOR
THE PURPOSE, SHALL PROCEED WITH REASONABLE DILIGENCE TO REPAIR THE REMAINING
PARTS OF THE BUILDING AND THE PREMISES (OTHER THAN TENANT'S PROPERTY) TO
SUBSTANTIALLY THEIR FORMER CONDITION TO THE EXTENT THAT THE SAME MAY BE FEASIBLE
(SUBJECT TO REASONABLE CHANGES WHICH LANDLORD SHALL DEEM DESIRABLE) AND SO AS TO
CONSTITUTE A COMPLETE AND RENTABLE BUILDING AND PREMISES, AND (B) TENANT, AT ITS
EXPENSE, AND WHETHER OR NOT ANY AWARD OR AWARDS SHALL BE SUFFICIENT FOR THE
PURPOSE, SHALL PROCEED WITH REASONABLE DILIGENCE TO REPLACE OR REPAIR TENANT'S
PROPERTY TO SUBSTANTIALLY ITS FORMER CONDITION, TO THE EXTENT THAT THE SAME MAY
BE NECESSARY OR DESIRABLE, AS REASONABLY DETERMINED BY TENANT, FOR THE OPERATION
OF TENANT'S BUSINESS IN THE PREMISES.
ARTICLE 21
SURRENDER
21.01
ON THE EXPIRATION DATE OR UPON ANY EARLIER TERMINATION
OF THIS LEASE, OR UPON ANY REENTRY BY LANDLORD UPON THE PREMISES, TENANT SHALL
QUIT AND SURRENDER THE PREMISES TO LANDLORD "BROOM-CLEAN" AND IN GOOD ORDER,
CONDITION AND REPAIR, EXCEPT FOR ORDINARY WEAR AND TEAR AND DAMAGE FROM CASUALTY
OR CONDEMNATION, AND TENANT SHALL REMOVE (I) ALL OF TENANT'S PROPERTY THEREFROM
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS LEASE AND (II) ANY FIXTURES,
EQUIPMENT, IMPROVEMENTS AND APPURTENANCES REQUIRED BY LANDLORD TO BE REMOVED
PURSUANT TO SECTION 12.01 OF THIS LEASE, AND, IN SUCH EVENT, REPAIR AND RESTORE
THE PREMISES IN ACCORDANCE WITH THE PROVISIONS OF SECTION 12.01.
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21.02
NO ACT OR THING DONE BY LANDLORD OR ITS AGENTS SHALL
BE DEEMED AN ACCEPTANCE OF A SURRENDER OF THE PREMISES, AND NO AGREEMENT TO
ACCEPT SUCH SURRENDER SHALL BE VALID UNLESS IN WRITING AND SIGNED BY LANDLORD
AND EACH SUPERIOR LESSOR AND SUPERIOR MORTGAGEE WHOSE LEASE OR MORTGAGE, AS THE
CASE MAY BE, PROVIDES THAT NO SUCH SURRENDER MAY BE ACCEPTED WITHOUT ITS
CONSENT.
ARTICLE 22
CONDITIONS OF LIMITATION
22.01
UPON THE OCCURRENCE OF A BANKRUPTCY EVENT WITH RESPECT
TO TENANT OR ANY GUARANTOR OF TENANT'S OBLIGATIONS UNDER THIS LEASE, LANDLORD
MAY END THE TERM OF THIS LEASE BY GIVING WRITTEN NOTICE OF SAME TO TENANT, AND
IMMEDIATELY UPON THE GIVING OF SUCH NOTICE 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 OF THIS
LEASE, BUT TENANT SHALL REMAIN LIABLE FOR DAMAGES AS PROVIDED IN ARTICLE 24
HEREOF.
FOR PURPOSES OF