EITHER PARTY BY LAW OR IN EQUITY.
22.4.
EVENT OF BANKRUPTCY.
IN ADDITION TO, AND IN NO WAY
LIMITING THE OTHER REMEDIES SET FORTH HEREIN, LANDLORD AND TENANT AGREE THAT IF
EITHER PARTY EVER BECOMES THE SUBJECT OF A VOLUNTARY OR INVOLUNTARY BANKRUPTCY,
REORGANIZATION, COMPOSITION, OR OTHER SIMILAR TYPE PROCEEDING UNDER THE FEDERAL
BANKRUPTCY LAWS, AS NOW ENACTED OR HEREINAFTER AMENDED, THEN "ADEQUATE ASSURANCE
OF FUTURE PERFORMANCE" BY THE BANKRUPT PARTY AND/OR ITS ASSIGNEE PURSUANT TO
BANKRUPTCY CODE SECTION 365 WILL INCLUDE (BUT NOT BE LIMITED TO) PAYMENT OF AN
ADDITIONAL (IN THE CASE OF TENANT) OR A NEW (IN THE CASE OF LANDLORD) SECURITY
DEPOSIT IN THE AMOUNT OF THREE TIMES THE THEN CURRENT BASE RENT PAYABLE
HEREUNDER; SUBJECT TO THE RIGHTS OF ANY BANKRUPTCY TRUSTEE.
22.5.
LANDLORD'S DEFAULTS AND TENANT'S REMEDIES.
IN THE
EVENT THAT LANDLORD SHALL AT ANY TIME BE IN DEFAULT IN THE OBSERVANCE OR
PERFORMANCE OF ANY OF THE COVENANTS AND AGREEMENTS REQUIRED TO BE PERFORMED AND
OBSERVED BY LANDLORD HEREUNDER AND ANY SUCH DEFAULT SHALL CONTINUE FOR A PERIOD
OF FIFTEEN (15) DAYS (OR IF SUCH DEFAULT IS INCAPABLE OF BEING CURED IN A
REASONABLE MANNER WITHIN FIFTEEN (15) DAYS, SUCH LONGER PERIOD AS REASONABLY
REQUIRED TO EFFECT SUCH CURE, PROVIDED LANDLORD PROPERLY COMMENCES SUCH CURE AND
DILIGENTLY PURSUES SUCH CURE TO COMPLETION, BUT IN ANY EVENT WITHIN FORTY-FIVE
27
(45) DAYS) AFTER WRITTEN NOTICE TO LANDLORD, TENANT SHALL BE ENTITLED AT ITS
ELECTION, TO EXERCISE CONCURRENTLY OR SUCCESSIVELY, ALL REMEDIES OTHERWISE
PROVIDED IN THIS LEASE AND OTHERWISE AVAILABLE IN LAW OR EQUITY UNDER THE LAWS
OF THE UNITED STATES OR THE STATE IN WHICH THE PROPERTY IS LOCATED, INCLUDING,
WITHOUT LIMITATION, THE RIGHT TO BRING SUIT FOR THE COLLECTION OF ANY AMOUNTS
FOR WHICH LANDLORD MAY BE IN DEFAULT, OR FOR THE SPECIFIC PERFORMANCE OF ANY
COVENANT OR AGREEMENT DEVOLVING UPON LANDLORD, WITHOUT TERMINATING THIS LEASE.
23.
BROKER.
TENANT COVENANTS, WARRANTS AND
REPRESENTS THAT THE BROKER SET FORTH IN SECTION 1.9 WAS THE ONLY BROKER TO
REPRESENT TENANT IN THE NEGOTIATION OF THIS LEASE. LANDLORD COVENANTS, WARRANTS
AND REPRESENTS THAT THE BROKER SET FORTH IN SECTION 1.9 WAS THE ONLY BROKER TO
REPRESENT LANDLORD IN THE NEGOTIATION OF THIS LEASE.
LANDLORD SHALL BE
RESPONSIBLE FOR PAYING THE COMMISSION OF THE BROKER (THE "BROKER COMMISSION").
EACH PARTY AGREES TO AND HEREBY DOES DEFEND, INDEMNIFY AND HOLD THE OTHER
HARMLESS AGAINST AND FROM ANY BROKERAGE COMMISSIONS OR FINDER'S FEES OR CLAIMS
THEREFOR BY A PARTY CLAIMING TO HAVE DEALT WITH THE INDEMNIFYING PARTY AND ALL
COSTS, EXPENSES AND LIABILITIES IN CONNECTION THEREWITH, INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEYS' FEES AND EXPENSES, FOR ANY BREACH OF THE
FOREGOING.
THE FOREGOING INDEMNIFICATION SHALL SURVIVE THE TERMINATION OF THIS
LEASE FOR ANY REASON.
24.
MISCELLANEOUS.
24.1.
MERGER.
ALL PRIOR UNDERSTANDINGS AND AGREEMENTS
BETWEEN THE PARTIES ARE MERGED IN THIS LEASE, WHICH ALONE FULLY AND COMPLETELY
EXPRESSES THE AGREEMENT OF THE PARTIES.
NO AGREEMENT SHALL BE EFFECTIVE TO
MODIFY THIS LEASE, IN WHOLE OR IN PART, UNLESS SUCH AGREEMENT