AGREEMENT") FROM EACH LANDLORD'S
MORTGAGEE, ON EACH SUCH MORTGAGEE'S STANDARD FORM, WHICH SHALL PROVIDE, INTER
ALIA, THAT THE LEASEHOLD ESTATE GRANTED TO TENANT UNDER THIS LEASE WILL NOT BE
TERMINATED OR DISTURBED BY REASON OF THE FORECLOSURE OF THE MORTGAGE HELD BY
LANDLORD'S MORTGAGEE, SO LONG AS TENANT SHALL NOT BE IN DEFAULT UNDER THIS LEASE
AND SHALL PAY ALL SUMS DUE UNDER THIS LEASE WITHOUT OFFSETS OR DEFENSES THERETO,
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, AND SHALL FULLY PERFORM AND COMPLY WITH
ALL OF THE TERMS, COVENANTS AND CONDITIONS OF THIS LEASE ON THE PART OF TENANT
TO BE PERFORMED AND/OR COMPLIED WITH, AND IN THE EVENT A MORTGAGEE OR ITS
RESPECTIVE SUCCESSOR OR ASSIGNS SHALL ENTER INTO AND LAWFULLY BECOME POSSESSED
OF THE PREMISES COVERED BY THIS LEASE AND SHALL SUCCEED TO THE RIGHTS OF
LANDLORD HEREUNDER, TENANT WILL ATTORN TO THE SUCCESSOR AS ITS LANDLORD UNDER
THIS LEASE AND, UPON THE REQUEST OF SUCH SUCCESSOR LANDLORD, TENANT WILL EXECUTE
AND DELIVER AN ATTORNMENT AGREEMENT IN FAVOR OF THE SUCCESSOR LANDLORD.
20.
CONDEMNATION
(A)
IF THE PROPERTY OR ANY PORTION THEREOF SHALL BE TAKEN UNDER THE
POWER OF EMINENT DOMAIN OR CONVEYED IN LIEU THEREOF, THE TAKING OF WHICH
MATERIALLY AND ADVERSELY INTERFERES WITH THE CONDUCT OF TENANT'S BUSINESS, THEN
TENANT SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE AT SUCH TIME BY FURNISHING
WRITTEN NOTICE TO LANDLORD.
IF TENANT DOES NOT TERMINATE THIS LEASE, LANDLORD
SHALL PROCEED WITH DUE DILIGENCE TO MAKE ALL REPAIRS NECESSARY TO RESTORE THE
PROPERTY TO AS NEAR ITS FORMER CONDITION AS CIRCUMSTANCES WILL PERMIT AND THE
LEASE SHALL REMAIN IN FULL FORCE AND EFFECT, EXCEPT THAT, EFFECTIVE ON THE DATE
OF TAKING OR CONVEYANCE, THE PREMISES SHALL BE REDUCED BY THE PORTION OF THE
PREMISES, SO TAKEN OR CONVEYED, AND THE RENT SHALL BE PROPORTIONATELY REDUCED BY
THE PORTION OF THE PREMISES TAKEN OR CONVEYED.
DAMAGES AWARDED TO LANDLORD FOR
SUCH TAKING OR CONVEYANCE SHALL BELONG TO LANDLORD, PROVIDED THAT TENANT MAY
ASSERT A CLAIM SOLELY FOR THE UNAMORTIZED COST OF ANY LEASEHOLD IMPROVEMENTS
PAID FOR BY TENANT, TENANT'S PERSONAL PROPERTY, FIXTURES AND MOVING EXPENSES.
(B)
IF THE PREMISES IS TAKEN OR IF NEITHER LANDLORD NOR TENANT HAVE
ELECTED TO TERMINATE THIS LEASE PURSUANT TO THE PRECEDING STATEMENT, LANDLORD
SHALL DO SUCH WORK AS MAY BE REASONABLY NECESSARY TO RESTORE THE PORTION OF THE
PREMISES NOT TAKEN TO TENANTABLE CONDITION FOR TENANT'S USES PROVIDED HOWEVER,
IF LANDLORD DETERMINES THAT THE NET AWARD/DAMAGES AVAILABLE FOR RESTORATION OF
THE PREMISES, BUILDING AND/OR PROJECT WILL NOT BE SUFFICIENT TO PAY THE COST OF
RESTORATION, OR IF THE CONDEMNATION DAMAGE AWARD IS REQUIRED TO BE APPLIED ON
ACCOUNT OF ANY MORTGAGE WHICH ENCUMBERS ANY PART OF THE PREMISES, BUILDING
AND/OR PROJECT, LANDLORD MAY TERMINATE THIS LEASE BY GIVING TENANT THIRTY (30)
DAYS PRIOR NOTICE SPECIFYING THE TERMINATION DATE WHICH SHALL BE THE DATE TITLE
TO THE CONDEMNED REAL ESTATE VESTS IN THE CONDEMNOR.
25
21.
ESTOPPEL CERTIFICATE
Each party agrees at any time and from