RENT OR ADDITIONAL CHARGES, AND SUCH DEFAULT SHALL CONTINUE FOR TEN
(10) DAYS AFTER WRITTEN NOTICE THEREOF HAS BEEN GIVEN TO TENANT, OR
(B)
IF TENANT SHALL, WHETHER BY ACTION OR
INACTION, BE IN DEFAULT OF ANY OF ITS OBLIGATIONS UNDER THIS LEASE (OTHER THAN A
DEFAULT IN THE PAYMENT OF FIXED RENT OR ADDITIONAL CHARGES) AND SUCH DEFAULT
SHALL CONTINUE AND NOT BE REMEDIED AS SOON AS PRACTICABLE AND IN ANY EVENT
WITHIN TWENTY (20) DAYS AFTER LANDLORD SHALL HAVE GIVEN TO TENANT A WRITTEN
NOTICE SPECIFYING THE SAME, OR, IN THE CASE OF A DEFAULT WHICH CANNOT WITH DUE
DILIGENCE BE CURED WITHIN A PERIOD OF TWENTY (20) DAYS, IF TENANT SHALL NOT
(X) WITHIN SAID TWENTY (20) DAY PERIOD ADVISE LANDLORD OF TENANT'S INTENTION TO
TAKE ALL STEPS REASONABLY NECESSARY TO REMEDY SUCH DEFAULT, (Y) DULY COMMENCE
WITHIN SAID TWENTY (20) DAY PERIOD, AND THEREAFTER DILIGENTLY PROSECUTE TO
COMPLETION ALL STEPS REASONABLY NECESSARY TO REMEDY THE DEFAULT AND (Z) COMPLETE
SUCH REMEDY WITHIN A REASONABLE TIME AFTER THE DATE OF SAID NOTICE OF LANDLORD,
OR
(C)
IF ANY EVENT SHALL OCCUR OR ANY CONTINGENCY
SHALL ARISE WHEREBY THIS LEASE OR THE ESTATE HEREBY GRANTED OR THE UNEXPIRED
BALANCE OF THE TERM HEREOF WOULD, BY OPERATION OF LAW OR OTHERWISE, DEVOLVE UPON
OR PASS TO ANY PERSON, FIRM OR CORPORATION OTHER THAN TENANT, EXCEPT AS
EXPRESSLY PERMITTED BY ARTICLE 7 HEREOF, OR
(D)
IF TENANT SHALL ABANDON THE PREMISES AND
FAIL TO SECURE THE SAME,
THEN, IN ANY OF SAID CASES LANDLORD MAY GIVE TO TENANT A NOTICE OF INTENTION TO
END THE TERM OF THIS LEASE AT THE EXPIRATION OF FIVE (5) DAYS FROM THE DATE OF
THE SERVICE OF SUCH NOTICE OF INTENTION, AND UPON THE EXPIRATION OF SAID FIVE
(5) DAYS THIS LEASE AND THE TERM AND ESTATE HEREBY GRANTED, WHETHER OR NOT THE
TERM SHALL THERETOFORE HAVE COMMENCED, SHALL TERMINATE WITH THE SAME EFFECT AS
IF THAT DAY WAS THE DAY HEREIN DEFINITELY FIXED FOR THE END AND EXPIRATION OF
THIS LEASE, BUT TENANT SHALL REMAIN LIABLE FOR DAMAGES AS PROVIDED IN ARTICLE 24
HEREOF.
22.03
(A)
IF TENANT SHALL
HAVE ASSIGNED ITS INTEREST IN THIS LEASE, AND THIS LEASE SHALL THEREAFTER BE
DISAFFIRMED OR REJECTED IN ANY PROCEEDING UNDER THE UNITED STATES BANKRUPTCY
CODE OR UNDER THE PROVISIONS OF ANY FEDERAL, STATE OR FOREIGN LAW OF LIKE
IMPORT, OR IN THE EVENT OF TERMINATION OF THIS LEASE BY REASON OF ANY SUCH
PROCEEDING, THE ASSIGNOR OR ANY OF ITS PREDECESSORS IN INTEREST UNDER THIS
LEASE, UPON REQUEST OF LANDLORD GIVEN WITHIN NINETY (90) DAYS AFTER SUCH
DISAFFIRMANCE OR REJECTION SHALL (A) PAY TO LANDLORD ALL FIXED RENT AND
ADDITIONAL CHARGES THEN DUE AND PAYABLE TO LANDLORD UNDER THIS LEASE TO AND
INCLUDING THE DATE OF SUCH DISAFFIRMANCE OR REJECTION AND (B) ENTER INTO A NEW
LEASE AS LESSEE WITH LANDLORD OF THE PREMISES FOR A TERM COMMENCING ON THE
EFFECTIVE DATE OF SUCH DISAFFIRMANCE OR REJECTION AND ENDING ON THE EXPIRATION
DATE, UNLESS