OTHERWISE, ANY MOVABLE FURNITURE, EQUIPMENT, TRADE FIXTURES OR
PERSONAL PROPERTY BELONGING TO TENANT AND LEFT IN THE PREMISES, OR ANY PORTION
THEREOF, SHALL BE DEEMED TO BE ABANDONED, AT THE OPTION OF LANDLORD, AND
LANDLORD SHALL HAVE THE RIGHT TO SELL OR OTHERWISE DISPOSE OF SUCH PERSONAL
PROPERTY IN ANY COMMERCIALLY REASONABLE MANNER.
IF TENANT ABANDONS THE
PREMISES, OR ANY PORTION THEREOF, LANDLORD SHALL HAVE THE RIGHT, BUT NOT THE
OBLIGATION, TO SUBLET THE PREMISES, OR ANY PORTION THEREOF, ON REASONABLE TERMS
FOR THE ACCOUNT OF TENANT, AND TENANT SHALL BE LIABLE FOR ALL COSTS OF SUCH
SUBLETTING, INCLUDING THE COST OF PREPARING THE PREMISES, OR ANY PORTION
THEREOF, FOR SUBTENANTS AND LEASING COMMISSIONS PAID TO BROKERS.
(G)
IF ANY EVENT OF DEFAULT HAS OCCURRED, THEN
LANDLORD MAY SERVE UPON TENANT A WRITTEN FIVE-DAY NOTICE OF CANCELLATION AND
TERMINATION OF THIS LEASE.
UPON THE EXPIRATION OF SUCH FIVE-DAY PERIOD, THIS
LEASE AND THE TERM SHALL AUTOMATICALLY AND WITHOUT ANY ACTION BY ANYONE
TERMINATE, EXPIRE AND COME TO AN END, BY THE MERE LAPSE OF TIME, AS FULLY AND
COMPLETELY AS IF THE EXPIRATION OF SUCH FIVE-DAY PERIOD WERE THE EXPIRATION DATE
AND THE LAST DAY OF THE TERM AS ORIGINALLY DEFINED IN THIS LEASE.
THE PASSAGE
OF SUCH FIVE-DAY PERIOD CONSTITUTES THE LIMIT BEYOND WHICH TENANT'S TENANCY NO
LONGER EXISTS.
UPON THE MERE OCCURRENCE OF THE PASSAGE OF FIVE DAYS FOLLOWING
LANDLORD'S NOTICE, THIS LEASE SHALL AUTOMATICALLY EXPIRE BY ITS EXPRESS TERMS,
AND NO RE-ENTRY OR OTHER ACT SHALL BE NECESSARY TO TERMINATE THIS LEASE.
TENANT
SHALL THEN QUIT AND SURRENDER THE PREMISES TO LANDLORD.
TENANT SHALL, HOWEVER,
REMAIN LIABLE AS THIS LEASE PROVIDES.
THE TERMINATION OF THIS LEASE SHALL IN NO
WAY LIMIT TENANT'S LIABILITY UNDER THIS LEASE.
IT IS A CONDITIONAL LIMITATION
OF THIS LEASE THAT THE TERM SHALL TERMINATE AND EXPIRE AS SET FORTH IN THIS
PARAGRAPH.
THIS PARAGRAPH IS INTENDED TO ESTABLISH A CONDITIONAL LIMITATION AND
NOT A CONDITION SUBSEQUENT.
THIS PARAGRAPH DOES NOT LIMIT ANY OTHER RIGHT OR
REMEDY OF LANDLORD.
(H)
TENANT HEREBY EXPRESSLY WAIVES THE RIGHT OF
REDEMPTION PROVIDED FOR IN NEW YORK REAL PROPERTY ACTIONS AND PROCEEDINGS LAW
SECTION 761, AND ANY SIMILAR OR SUCCESSOR STATUTE.
17.
SUBORDINATION
(A)
SUBORDINATION, NON-DISTURBANCE.
TENANT
AGREES AT ANY TIME HEREAFTER, AND FROM TIME TO TIME WITHIN TEN (10) DAYS OF
WRITTEN REQUEST OF LANDLORD, TO EXECUTE AND DELIVER TO LANDLORD AT LANDLORD'S
ELECTION EITHER (1) AN INSTRUMENT IN THE FORM CUSTOMARILY USED BY ANY
INSTITUTIONAL INVESTOR BECOMING A MORTGAGEE OR (2) A SUBORDINATION,
NON-DISTURBANCE AND ATTORNMENT AGREEMENT SUBSTANTIALLY IN THE FORM ATTACHED
HERETO AS EXHIBIT D (IN EITHER SUCH CASE, SUCH INSTRUMENT, RELEASE, DOCUMENT, OR
AGREEMENT IS HEREIN CALLED THE "SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT
AGREEMENT"), IN EITHER CASE SUBJECTING AND SUBORDINATING THIS LEASE TO THE LIEN
OF ANY MORTGAGE, WHICH AT ANY TIME MAY BE PLACED UPON THE PREMISES, OR ANY
PORTION THEREOF, BY LANDLORD, AND TO ANY REPLACEMENTS, RENEWALS, AMENDMENTS,
CONSOLIDATIONS, MODIFICATIONS, EXTENSIONS OR REFINANCING THEREOF.
IT IS AGREED,
NEVERTHELESS, THAT SO LONG