TO
LANDLORD) TO EVIDENCE SUCH ASSIGNMENT.
THE EXECUTION AND DELIVERY OF SUCH
INSTRUMENTS, HOWEVER, SHALL NOT BE REQUIRED TO EFFECT THE ASSIGNMENT OF SUCH
PROCEEDS OR AWARDS TO LANDLORD.
(E)
THE PROVISIONS OF THIS SECTION 23.1 SHALL SURVIVE THE EXPIRATION OR
EARLIER TERMINATION OF THIS LEASE.
SECTION 23.2
RE-ENTRY.
FROM AND AFTER ANY DATE UPON WHICH LANDLORD
SHALL BE ENTITLED TO GIVE A TERMINATION NOTICE, LANDLORD MAY, WITHOUT FURTHER
NOTICE, ENTER UPON, RE-ENTER, POSSESS AND REPOSSESS ITSELF OF THE DEMISED
PREMISES AND THE COMMON ELEMENTS, BY FORCE, SUMMARY PROCEEDINGS, EJECTMENT OR
OTHERWISE, AND MAY DISPOSSESS AND REMOVE TENANT AND ALL OTHER PERSONS AND
PROPERTY FROM THE DEMISED PREMISES AND THE COMMON ELEMENTS AND MAY HAVE, HOLD
AND ENJOY THE DEMISED PREMISES AND THE COMMON ELEMENTS AND THE RIGHT TO RECEIVE
ALL RENTAL AND OTHER INCOME OF AND FROM THE SAME.
AS USED IN THIS LEASE THE
WORDS "ENTER" AND "RE-ENTER" ARE NOT RESTRICTED TO THEIR TECHNICAL LEGAL
MEANINGS.
SECTION 23.3
REMOVAL OF PROPERTY.
ANY PERSONAL PROPERTY OF TENANT, ANY
MANAGER OR ANY SUBTENANT WHICH SHALL REMAIN ON OR IN THE DEMISED PREMISES OR THE
COMMON ELEMENTS AFTER THE EXPIRATION DATE AND THE REMOVAL OF TENANT AND SUCH
SUBTENANT FROM THE DEMISED PREMISES OR THE COMMON ELEMENTS, MAY, AT THE OPTION
OF LANDLORD, AFTER THIRTY (30) DAYS PRIOR NOTICE TO TENANT FROM LANDLORD, BE
DEEMED TO HAVE BEEN ABANDONED BY TENANT, SUCH MANAGER OR SUCH SUBTENANT AND MAY
EITHER BE RETAINED BY LANDLORD AS ITS PROPERTY OR BE DISPOSED OF, WITHOUT
ACCOUNTABILITY, IN SUCH MANNER AS LANDLORD MAY SEE FIT.
HOWEVER, LANDLORD SHALL
ALSO HAVE THE RIGHT TO REQUIRE TENANT TO REMOVE ANY SUCH PERSONAL PROPERTY OF
TENANT, SUCH
139
Manager or such Subtenant at any such time at Tenant's own cost and expense,
provided that Landlord shall give Tenant at least thirty (30) days prior written
notice requesting the removal of any such personal property of Tenant, such
Manager or such Subtenant from the Demised Premises and the Common Elements.
From and after the Expiration Date, Landlord shall not be responsible for any
loss or damage occurring to any property owned by Tenant, such Manager or any
Subtenant.
SECTION 23.4
TITLE TO IMPROVEMENTS.
TITLE TO THE IMPROVEMENTS WITHIN
THE DEMISED PREMISES AND THE COMMON ELEMENTS, SHALL REMAIN, AND IMMEDIATELY UPON
ERECTION OR INSTALLATION THEREOF ON THE LAND SHALL BECOME, THE PROPERTY OF
LANDLORD.
140
ARTICLE XXIV
COVENANTS BINDING
SECTION 24.1
COVENANTS BINDING.
THE COVENANTS, AGREEMENTS, TERMS,
PROVISIONS AND CONDITIONS OF THIS LEASE SHALL BE BINDING UPON AND INURE TO THE
BENEFIT OF THE SUCCESSORS AND ASSIGNS OF LANDLORD AND, EXCEPT AS OTHERWISE
PROVIDED HEREIN, THE SUCCESSORS AND ASSIGNS OF TENANT.
141
ARTICLE XXV
ENTIRE AGREEMENT; NO WAIVER
SECTION 25.1
ENTIRE AGREEMENT.
THIS LEASE AND THE PROJECT DOCUMENTS
CONTAIN ALL THE COVENANTS, REPRESENTATIONS, WARRANTIES AND CONDITIONS MADE BY OR
BETWEEN THE PARTIES HERETO WITH RESPECT TO THE SUBJECT MATTER HEREOF.
THIS
LEASE MAY NOT BE (A) CHANGED ORALLY BUT ONLY BY AN AGREEMENT IN WRITING SIGNED
BY THE