ACCIDENTS, CASUALTIES, ACTS OF GOD, ACTS CAUSED DIRECTLY OR INDIRECTLY BY THE
OTHER PARTY (OR SUCH OTHER PARTY'S AGENTS, EMPLOYEES, CONTRACTORS, LICENSEES OR
INVITEES) OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF SUCH PARTY
(EXPRESSLY EXCLUDING, HOWEVER, THE OBLIGATIONS IMPOSED UPON TENANT WITH RESPECT
TO BASE RENT AND ANY OTHER RENT TO BE PAID HEREUNDER) ("FORCE MAJEURE"), THEN
SUCH PARTY SHALL NOT BE DEEMED IN DEFAULT UNDER THIS LEASE AS A RESULT OF SUCH
FAILURE AND ANY TIME FOR PERFORMANCE BY SUCH PARTY PROVIDED FOR HEREIN SHALL BE
EXTENDED BY THE PERIOD OF DELAY RESULTING FROM SUCH CAUSE.
31.11
MEMORANDUM OF LEASE.
THIS LEASE SHALL NOT BE RECORDED.
HOWEVER, A
MEMORANDUM OF THIS LEASE IN THE FORM ATTACHED HERETO AS EXHIBIT G SHALL BE
EXECUTED, IN RECORDABLE FORM, BY BOTH PARTIES CONCURRENTLY HEREWITH AND MAY BE
RECORDED BY TENANT, AT TENANT'S EXPENSE, WITH THE OFFICIAL CHARGED WITH
RECORDATION DUTIES FOR ANY OF THE COUNTIES IN
53
WHICH A PROPERTY LOCATION IS LOCATED, WITH DIRECTIONS THAT IT BE RETURNED TO
TENANT.
IF, AND WHEN, AN ORIGINAL MEMORANDUM OF LEASE IS RETURNED TO TENANT
FOLLOWING RECORDING, TENANT SHALL FURNISH A COPY OF SAME TO LANDLORD.
31.12
NO CONSTRUCTION AGAINST PREPARER.
THIS LEASE HAS BEEN PREPARED BY
TENANT AND ITS PROFESSIONAL ADVISORS AND REVIEWED BY LANDLORD AND ITS
PROFESSIONAL ADVISORS.
LANDLORD, TENANT AND THEIR SEPARATE ADVISORS BELIEVE
THAT THIS LEASE IS THE PRODUCT OF THEIR JOINT EFFORTS, THAT IT EXPRESSES THEIR
AGREEMENT, AND THAT IT SHOULD NOT BE INTERPRETED IN FAVOR OF EITHER LANDLORD OR
TENANT OR AGAINST EITHER LANDLORD OR TENANT MERELY BECAUSE OF THEIR EFFORTS IN
ITS PREPARATION.
31.13
WAIVER OF LANDLORD'S LIEN.
NOTWITHSTANDING ANYTHING CONTAINED
HEREIN TO THE CONTRARY, LANDLORD HEREBY WAIVES ANY STATUTORY LIENS AND ANY
RIGHTS OF DISTRESS WITH RESPECT TO TENANT'S PERSONALTY.
THIS LEASE DOES NOT
GRANT A CONTRACTUAL LIEN OR ANY OTHER SECURITY INTEREST TO LANDLORD OR IN FAVOR
OF LANDLORD WITH RESPECT TO TENANT'S PERSONALTY.
RESPECTING ANY MORTGAGEE OR
OTHER LENDER OF TENANT HAVING A SECURITY INTEREST IN TENANT'S PERSONALTY
("TENANT'S MORTGAGEE"), LANDLORD AGREES AS FOLLOWS: (A) TO PROVIDE TENANT'S
MORTGAGEE, UPON WRITTEN REQUEST OF TENANT (ACCOMPANIED BY THE NAME AND ADDRESS
OF TENANT'S MORTGAGEE), WITH A COPY OF ANY DEFAULT NOTICE(S) GIVEN TO TENANT
UNDER THIS LEASE; PROVIDED, HOWEVER, THAT (I) LANDLORD ACKNOWLEDGES AND AGREES
THAT WITH RESPECT TO WACHOVIA BANK, NATIONAL ASSOCIATION, AS AGENT, AS TENANT'S
MORTGAGEE, SUCH TENANT REQUEST SHALL BE DEEMED TO HAVE BEEN MADE AS OF THE
EFFECTIVE DATE, AND (II) THE FAILURE TO DELIVER SUCH NOTICE SHALL NOT CONSTITUTE
A DEFAULT BY LANDLORD HEREUNDER, AND (B) TO ALLOW TENANT'S MORTGAGEE, PRIOR TO
ANY TERMINATION OF THIS LEASE OR REPOSSESSION OF THE APPLICABLE PROPERTY
LOCATION BY LANDLORD, THE SAME NOTICE RIGHTS AND PERIOD OF TIME TO CURE SUCH
DEFAULT AS IS ALLOWED TENANT UNDER THIS LEASE, AND (C) TO PERMIT TENANT'S
MORTGAGEE TO GO UPON THE APPLICABLE PROPERTY LOCATION FOR THE PURPOSE OF
REMOVING TENANT'S PERSONALTY ANY TIME WITHIN NINETY (90) DAYS AFTER THE
EFFECTIVE DATE OF ANY