OR DURING THE
TERM OF THIS LEASE.
(F)
IN THE EVENT OF ANY CASUALTY EVENT, OR IN THE EVENT OF ANY
CONDEMNATION OF ALL OR PART OF ANY LEASEHOLD PROPERTY, THE TERMS, COVENANTS,
PROVISIONS AND CONDITIONS OF THE OVERLEASE FOR SUCH LEASEHOLD PROPERTY SHALL NOT
BE THE CONTROLLING INSTRUMENT AS BETWEEN LANDLORD AND TENANT, BUT THE PROVISIONS
OF THIS LEASE RELATING TO SUCH EVENT SHALL CONTROL EXCLUSIVELY BETWEEN LANDLORD
AND TENANT.
(G)
LANDLORD SHALL NOT AMEND OR MODIFY ANY OVERLEASE WITHOUT TENANT'S
CONSENT, WHICH CONSENT MAY BE WITHHELD, DELAYED OR CONDITIONED AT TENANT'S SOLE
DISCRETION, FOR ANY REASON OR FOR NO REASON.
LANDLORD SHALL NOT VOLUNTARILY
TERMINATE OR CONSENT TO ANY TERMINATION OF SUCH OVERLEASE FOR ANY REASON WITHOUT
TENANT'S WRITTEN CONSENT, WHICH CONSENT MAY BE WITHHELD, DELAYED OR CONDITIONED
AT TENANT'S SOLE DISCRETION, FOR ANY REASON OR FOR NO REASON.
IF EITHER TENANT
DEFAULTS UNDER AN OVERLEASE OR LANDLORD ACTS OR FAILS TO ACT IN A MANNER WHICH
RESULTS IN A DEFAULT UNDER AN OVERLEASE, THEN THE OTHER PARTY (UPON REASONABLE
ADVANCE WRITTEN NOTICE TO THE DEFAULTING PARTY, UNLESS THE OVERLEASE IS IN
IMMINENT DANGER OF TERMINATION, IN WHICH CASE NOTICE THAT IS FEASIBLE UNDER THE
CIRCUMSTANCES SHALL BE GIVEN TO THE DEFAULTING PARTY) MAY CURE SUCH DEFAULT (BUT
SHALL HAVE NO OBLIGATION TO DO SO) IF AFTER THE NOTICE THE DEFAULTING PARTY
FAILS TO TAKE STEPS TO EFFECT SUCH CURE.
63
(H)
SUBJECT TO SECTION 32.01 (D), THE PERFORMANCE BY OVERLANDLORD OF
OVERLANDLORD'S OBLIGATIONS IN ACCORDANCE WITH ANY OF THE OVERLEASES, SHALL, FOR
ALL PURPOSES, BE ACCEPTED BY TENANT, AND SHALL BE DEEMED TO BE THE PERFORMANCE
OF SUCH OBLIGATIONS BY LANDLORD UNDER THE PROVISIONS OF SUCH OVERLEASE AND ALSO
UNDER THIS LEASE TO THE EXTENT THE OBLIGATIONS ARE THE SAME, AND IN SUCH CASE
TENANT SHALL NEITHER LOOK TO LANDLORD FOR PERFORMANCE OF SUCH OBLIGATIONS NOR
SEEK TO HOLD LANDLORD LIABLE FOR PERFORMANCE OF SUCH OBLIGATIONS OR FOR THE
MANNER OF PERFORMANCE OF SUCH OBLIGATIONS OR FOR ANY DEFAULT IN PERFORMANCE OR
NON-PERFORMANCE OF SUCH OBLIGATIONS.
(I)
WHENEVER, BY REASON OF TENANT'S ASSUMPTION OF ALL THE OBLIGATIONS
CONTAINED IN AN OVERLEASE AS PROVIDED IN THIS ARTICLE 32 OR OTHERWISE, ANY
PROVISION OF THE OVERLEASE REQUIRES THE TENANT THEREUNDER TO MAKE ANY PAYMENT OF
ANY MONEY, INCLUDING THE FIXED, BASE RENT PAYABLE THEREUNDER, OR REQUIRES SUCH
TENANT TO TAKE ANY ACTION WITHIN A CERTAIN PERIOD OF TIME (WHETHER WITH OR
WITHOUT NOTICE), THEN, NOTWITHSTANDING THAT A PROVISION IN THIS LEASE CALLS FOR
SUCH PAYMENT TO BE MADE OR ACTION TO BE TAKEN AT A DIFFERENT TIME, TENANT SHALL
MAKE SUCH PAYMENT TO THE OVERLANDLORD, LANDLORD OR OTHER APPROPRIATE THIRD PARTY
OR TAKE SUCH ACTION, AS THE CASE MAY BE, WITHIN THE SHORTER OF THE TIME
SPECIFIED IN THIS LEASE OR THE TIME SPECIFIED IN THE OVERLEASE; AND IF SUCH
PAYMENT OR OTHER ACTION IS REQUIRED TO BE PAID OR TAKEN WITHIN A SPECIFIED TIME
PERIOD AFTER NOTICE OR RECEIPT OF AN INVOICE, THEN UPON SUCH NOTICE OR