exercise under this Lease of
its right to terminate this Lease pursuant to Sections 3.4.C., 3.9.C., 4.3,
21.1, 22 and 42, Landlord shall, if applicable, return the Construction Letter
of Credit required under Section 3.11(c). to Tenant and (a) prior to Substantial
Completion of each Phase, pay Tenant the Construction Period Termination
Reimbursement, and (b) after Substantial Completion of each both Phases, pay
Tenant an amount equal to Tenant's unamortized cost of any Tenant Alterations or
Tenant Fixturing Work previously paid by Tenant (the "Amortized Termination
Reimbursement"). Tenant's unamortized cost shall be determined utilizing the
straight line method of depreciation and, with respect to Tenant Fixturing Work,
the life expectancy of such improvement used by Tenant for federal income tax
purposes, and with respect to Tenant Alterations, the initial Term of this
Lease. Thereafter Tenant and Landlord shall have no further obligations, other
than with respect to those obligations which by their terms expressly survive
the termination of this Lease.
27.
Confession Of Judgment.
NOTICE: IN THE FOLLOWING PARAGRAPHS TENANT GRANTS LANDLORD A CONFESSION OF
JUDGMENT.
TENANT COVENANTS AND AGREES THAT IF THIS LEASE SHALL BE TERMINATED BY COVENANT
OR CONDITION BROKEN, EITHER DURING THE ORIGINAL TERM OR ANY RENEWALS OR
EXTENSIONS THEREOF, AND ALSO WHEN AND AFTER THE TERM HEREBY CREATED OR, ANY
RENEWAL OR EXTENSION THEREOF SHALL HAVE EXPIRED, IN THAT EVENT, LANDLORD OR ITS
ASSIGNEE MAY CAUSE A JUDGMENT IN EJECTMENT TO BE ENTERED AGAINST TENANT FOR
POSSESSION OF THE PREMISES, AND FOR THAT PURPOSE TENANT HEREBY AUTHORIZES AND
EMPOWERS ANY PROTHONOTARY, CLERK OF COURT OR ATTORNEY OF RECORD TO APPEAR FOR
TENANT AND CONFESS JUDGMENT AGAINST TENANT, AND ALL PERSONS CLAIMING UNDER
TENANT, IN EJECTMENT FOR POSSESSION OF THE PREMISES, AND AGREES THAT LANDLORD OR
ITS ASSIGNEE MAY COMMENCE AN ACTION PURSUANT TO PENNSYLVANIA RULES OF PROCEDURE
FOR THE ENTRY OF AN ORDER IN EJECTMENT FOR POSSESSION OF REAL PROPERTY, AND
TENANT FURTHER AGREES THAT A WRIT OF POSSESSION PURSUANT THERETO MAY ISSUE
FORTHWITH FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT AND FOR THE ISSUANCE OF A
WRIT OR WRITS OF POSSESSION PURSUANT THERETO, THIS LEASE, OR A TRUE AND
51
CORRECT COPY THEREOF, SHALL BE SUFFICIENT WARRANT. IF FOR ANY REASON AFTER SUCH
ACTION SHALL HAVE BEEN COMMENCED, IT SHALL BE CANCELED OR SUSPENDED AND
POSSESSION OF THE PREMISES REMAINS IN OR IS RESTORED TO TENANT, LANDLORD SHALL
HAVE THE RIGHT UPON ANY SUBSEQUENT DEFAULT OR TERMINATION OF THIS LEASE, OR ANY
RENEWAL OR EXTENSION HEREOF, TO BRING ONE OR MORE SUCCESSIVE ACTIONS IN
EJECTMENT AS HEREINBEFORE SET FORTH TO RECOVER POSSESSION OF THE PREMISES.
IF IN ANY ACTION IN EJECTMENT, LANDLORD SHALL CAUSE TO BE FILED IN SUCH ACTION
AN AFFIDAVIT SETTING FORTH THE FACTS NECESSARY TO AUTHORIZE THE ENTRY OF
JUDGMENT AND IF A TRUE COPY OF THIS LEASE (AND THE TRUTH OF THE COPY STATED IN
SUCH AFFIDAVIT SHALL BE SUFFICIENT PROOF) BE FILED IN SUCH ACTION, IT SHALL NOT
BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY, ANY