ANY NOTES
TO THEM) OR, IF NO SUCH AUDITED STATEMENTS HAVE BEEN PREPARED, SUCH OTHER
FINANCIAL STATEMENTS (AND NOTES TO THEM) AS MAY HAVE BEEN MOST RECENTLY PREPARED
BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT OR, IF NO SUCH STATEMENTS HAVE
BEEN PREPARED, CURRENT INTERNALLY PREPARED FINANCIAL STATEMENTS IN FORM
CUSTOMARILY PREPARED BY TENANT FOR ITS INTERNAL PURPOSES, CERTIFIED BY TENANT'S
CHIEF FINANCIAL OFFICER.
TENANT WILL DISCUSS ITS FINANCIAL STATEMENTS WITH
LANDLORD UPON REQUEST.
TENANT AGREES THAT IN THE EVENT TENANT'S CORPORATE
STRUCTURE IS ALTERED THROUGH MERGER, ACQUISITION OR THE LIKE, SUCH THAT TENANT
BECOMES A PARENT, DIVISION, OR SUBSIDIARY OF ANOTHER CORPORATE ENTITY, ANY AND
ALL FINANCIAL STATEMENTS DELIVERED BY TENANT PURSUANT TO THIS SECTION WILL
CONTAIN FINANCIAL INFORMATION PERTAINING ONLY TO TENANT'S OPERATIONS AND NOT TO
ANY SUCH PARENT, DIVISION, OR SUBSIDIARY.
THE FOREGOING SHALL NOT BE DEEMED TO
CONSTITUTE LANDLORD'S CONSENT TO ANY TRANSFER OR IN ANY WAY DEROGATE FROM THE
PROVISIONS OF SECTION 6.1.6.
TENANT REPRESENTS AND WARRANTS THAT ANY FINANCIAL
STATEMENTS PROVIDED BY IT TO LANDLORD WERE TRUE, CORRECT AND MATERIALLY COMPLETE
WHEN PROVIDED, AND THAT NO MATERIAL ADVERSE CHANGE HAS OCCURRED SINCE THAT DATE
WHICH WOULD RENDER THEM INACCURATE OR MISLEADING, AND EACH DELIVERY OF FINANCIAL
STATEMENTS HEREUNDER TO LANDLORD SHALL BE DEEMED A REPRESENTATION AND WARRANTY
THAT SUCH STATEMENTS ARE TRUE, CORRECT AND MATERIALLY COMPLETE AS OF THE DATE OF
DELIVERY TO LANDLORD.
WITHOUT LIMITATION OF ANY OTHER OBLIGATION UNDER THIS
LEASE, THE PARTIES AGREE THAT THIS SECTION 6.1.18 SHALL APPLY TO EACH PERSON OR
ENTITY WHICH IS LIABLE TO LANDLORD UNDER THIS LEASE.
LANDLORD AGREES TO KEEP
CONFIDENTIAL ANY NON-PUBLIC FINANCIAL STATEMENTS PROVIDED BY TENANT, PROVIDED
THAT IT MAY PROVIDE COPIES OF THE SAME TO ITS CURRENT AND PROSPECTIVE LENDERS,
INVESTORS AND PURCHASERS.
ARTICLE VII
CASUALTY AND TAKING
7.1
CASUALTY AND TAKING.
7.1.1
SUBSTANTIAL DAMAGE.
IN CASE DURING THE TERM ALL OR ANY SUBSTANTIAL
PART OF THE PREMISES, BUILDING, LOT OR COMMON FACILITIES APPURTENANT THERETO, OR
ANY ONE OR MORE OF THEM,
32
are damaged materially by fire or any other cause (meaning damage of a type that
will require longer than 365 days to restore), or by action of the public or
other authority in consequence thereof or are taken by eminent domain by reason
of anything lawfully done in pursuance of public or other authority, this Lease
shall terminate at the election of either party, which may be made,
notwithstanding Landlord's entire interest may have been divested, by notice to
the other party within sixty (60) days after the occurrence of the event giving
rise to the election to terminate, which notice shall specify the effective date
of termination which shall be not less than thirty (30) nor more than sixty (60)
days after the date of notice of such termination.
The determination of the
time required to restore shall be made by a contractor selected by Landlord with
Tenant's consent, which consent shall not be unreasonably withheld and shall be
deemed given unless Tenant reasonably objects thereto within three