OF ANY MORTGAGE TO WHICH THIS LEASE IS SUBJECT SHALL REQUEST
PROVIDED THAT SUCH AMENDMENTS DO NOT INCREASE THE FIXED NET RENT OR ADDITIONAL
RENT OR INCREASE TENANT'S OTHER OBLIGATIONS OR DECREASES TENANT'S RIGHTS
HEREUNDER, AND DO NOT SHORTEN THE TERM OF THIS LEASE.
ARTICLE 23
MECHANICS, LIENS
SECTION 23.1.
IF, BECAUSE OF ANY ACT OR OMISSION (OR ALLEGED ACT OR OMISSION)
OF TENANT, ANY MECHANIC'S OR OTHER LIEN, CHARGE OR ORDER FOR THE PAYMENT OF
MONEY SHALL BE FILED AGAINST THE LEASED PREMISES (WHETHER OR NOT SUCH LIEN,
CHARGE OR ORDER IS VALID OR ENFORCEABLE AS SUCH), TENANT, AT TENANT'S EXPENSE,
SHALL CAUSE IT TO BE CANCELED OR DISCHARGED OF RECORD BY BONDING OR OTHERWISE
WITHIN THIRTY DAYS AFTER NOTICE, AND TENANT SHALL INDEMNIFY AND SAVE LANDLORD
HARMLESS AGAINST AND SHALL PAY ALL COSTS, EXPENSES, LOSSES, FINES AND PENALTIES,
INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES RESULTING THEREFROM.
ARTICLE 24
INVALIDITY OF PARTICULAR PROVISIONS
SECTION 24.1.
IF ANY TERM, COVENANT OR CONDITION OF THIS LEASE OR THE
APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCES SHALL BE HELD INVALID OR
UNENFORCEABLE TO ANY EXTENT, THE REMAINDER OF THIS LEASE, OR THE APPLICATION OF
SUCH TERM, COVENANT OR CONDITION TO PERSONS OR CIRCUMSTANCES OTHER THAN THOSE AS
TO WHICH IT IS HELD INVALID AND UNENFORCEABLE SHALL NOT BE AFFECTED THEREBY AND
EACH TERM, COVENANT AND CONDITION OF THIS LEASE SHALL BE OTHERWISE VALID AND
ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW.
ARTICLE 25
REPRESENTATIONS BY LANDLORD
SECTION 25.1.
EXCEPT AS SPECIFIED IN THIS ARTICLE 25.2 BELOW, LANDLORD HAS MADE
NO REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE LEASED PREMISES, OR LAND AND
BUILDINGS AND OTHER IMPROVEMENTS INCLUDED IN THE LEASED PREMISES, AND SAID LAND,
BUILDING, IMPROVEMENTS AND PREMISES ARE HEREBY LEASED TO TENANT "AS IS" IN THEIR
CONDITION AS OF THE DATE HEREOF.
TENANT REPRESENTS AND WARRANTS THAT IT HAS
INVESTIGATED AND IS FAMILIAR WITH THE LAND, BUILDING, IMPROVEMENTS AND LEASED
PREMISES AND ACCEPTS SAME IN THEIR PRESENT "AS IS" CONDITION.
THIS LEASE
CONTAINS THE ENTIRE AGREEMENT BETWEEN LANDLORD AND TENANT AND ALL PRIOR
NEGOTIATIONS AND AGREEMENTS ARE MERGED HEREIN.
SECTION 25.2.
LANDLORD REPRESENTS THAT IT IS THE OWNER OF THE LEASED PREMISES
AND THAT TO LANDLORD'S KNOWLEDGE, AS OF THE DATE HEREOF, THE LEASED PREMISES
COMPLIES WITH ALL APPLICABLE ZONING LAWS AND ORDINANCES.
26
ARTICLE 26
CONDEMNATION
SECTION 26.1.
WHENEVER USED IN THIS ARTICLE, THE FOLLOWING WORDS SHALL HAVE THE
FOLLOWING RESPECTIVE DEFINITIONS AND MEANINGS:
(A)
"CONDEMNATION" OR "CONDEMNATION PROCEEDINGS":
ANY ACTION OR
PROCEEDINGS BROUGHT BY COMPETENT AUTHORITY FOR THE PURPOSE OF TAKING THE FEE OF
THE LEASED PREMISES OR ANY INTEREST THEREIN OR ANY PART THEREOF AS A RESULT OF
THE EXERCISE OF THE POWER OF EMINENT DOMAIN, INCLUDING A VOLUNTARY SALE TO SUCH
AUTHORITY EITHER UNDER THREAT OF OR IN LIEU OF CONDEMNATION OR WHILE SUCH ACTION
OR PROCEEDING IS PENDING.
(B)
"TAKING" OR "TAKEN":
THE EVENT OF VESTING OF TITLE TO THE FEE OF
THE LEASED PREMISES OR ANY PART THEREOF IN THE COMPETENT AUTHORITY PURSUANT TO
CONDEMNATION.