TO CURE
(PROVIDED LANDLORD MUST HAVE UNDERTAKEN PROCEDURES TO CURE THE DEFAULT WITHIN
SUCH THIRTY (30) DAY PERIOD AND THEREAFTER DILIGENTLY PURSUES SUCH EFFORTS TO
CURE TO COMPLETION, PROVIDED, THAT LANDLORD SHALL NOT HAVE SUCH ADDITIONAL
PERIOD TO CURE WITH RESPECT TO A DEFAULT UNDER SECTION 31.17(G)), TENANT, AT ITS
OPTION (IN ADDITION TO ALL OTHER RIGHTS AND REMEDIES PROVIDED TENANT AT LAW, IN
EQUITY OR HEREUNDER), UPON FURTHER WRITTEN NOTICE TO LANDLORD OF TENANT'S
INTENTION TO EXERCISE ANY REMEDY HEREUNDER, WHICH SHALL PROVIDE LANDLORD WITH AN
ADDITIONAL TEN (10) DAYS CURE PERIOD THEREAFTER (PROVIDED THAT LANDLORD SHALL
NOT HAVE SUCH ADDITIONAL PERIOD TO CURE WITH RESPECT TO A DEFAULT UNDER SECTION
31.17(G)), MAY EITHER TERMINATE THIS LEASE UPON WRITTEN NOTICE THEREOF GIVEN TO
LANDLORD, OR INCUR ANY REASONABLE EXPENSE NECESSARY TO PERFORM THE OBLIGATION OF
LANDLORD SPECIFIED IN SUCH NOTICE AND BILL LANDLORD FOR THE COSTS THEREOF. IF
LANDLORD FAILS TO REIMBURSE TENANT FOR SUCH REASONABLE COSTS WITHIN THIRTY (30)
DAYS AFTER LANDLORD'S RECEIPT OF SUCH BILL, TENANT MAY DEDUCT SUCH COSTS FROM
THE NEXT DUE INSTALLMENTS OF MONTHLY BASE RENT, UNTIL SUCH COSTS ARE RECOUPED BY
TENANT.
16.06
ATTORNEYS' FEES. THE DEFAULTING PARTY SHALL PAY ALL OF THE
NON-DEFAULTING PARTY'S COSTS, CHARGES AND EXPENSES, INCLUDING COURT COSTS AND
REASONABLE ATTORNEYS' FEES, INCURRED IN ENFORCING THE DEFAULTING PARTY'S
OBLIGATIONS UNDER THIS LEASE, INCURRED BY THE NON-DEFAULTING PARTY IN ANY ACTION
BROUGHT BY A PARTY IN WHICH THE OTHER PARTY IS THE PREVAILING PARTY, OR INCURRED
BY A PREVAILING PARTY IN ANY LITIGATION, NEGOTIATION OR TRANSACTION IN WHICH THE
OTHER PARTY CAUSES SUCH PREVAILING PARTY, WITHOUT SUCH PREVAILING PARTY'S FAULT,
TO BECOME INVOLVED OR CONCERNED.
16.07
TENANT WAIVER. TENANT HEREBY EXPRESSLY WAIVES, FOR ITSELF AND ALL
PERSONS CLAIMING BY, THROUGH AND UNDER TENANT, INCLUDING CREDITORS OF ALL KINDS,
(A) ANY RIGHT AND PRIVILEGE WHICH TENANT HAS UNDER ANY PRESENT OR FUTURE LEGAL
REQUIREMENTS TO REDEEM THE PREMISES, OR ANY PART THEREOF, OR TO HAVE A
CONTINUANCE OF THIS LEASE FOR THE TERM AFTER TERMINATION OF TENANT'S RIGHT OF
OCCUPANCY BY ORDER OR JUDGMENT OF ANY COURT OR BY ANY LEGAL PROCESS OR WRIT, OR
UNDER THE TERMS OF THIS LEASE; (B) THE BENEFITS OF ANY PRESENT OR FUTURE LEGAL
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REQUIREMENTS THAT EXEMPT PROPERTY FROM LIABILITY FOR DEBT OR FOR DISTRESS FOR
RENT; (C) ANY PRESENT OR FUTURE LEGAL REQUIREMENTS RELATING TO NOTICE OR DELAY
IN LEVY OF EXECUTION IN CASE OF EVICTION OF A TENANT FOR NONPAYMENT OF RENT; AND
(D) ANY BENEFITS AND LIEN RIGHTS WHICH MAY ARISE PURSUANT TO ANY PRESENT OR
FUTURE LEGAL REQUIREMENTS.
ARTICLE 17.
SUBORDINATION; LEASEHOLD MORTGAGE
17.01
SUBORDINATION. LANDLORD HAS EXECUTED AND DELIVERED AND MAY EXECUTE
AND DELIVER HEREAFTER FROM TIME TO TIME A MORTGAGE OR TRUST DEED IN THE NATURE
OF A MORTGAGE, BOTH BEING HEREINAFTER REFERRED TO AS A "MORTGAGE," AGAINST ANY
PARCEL AND IMPROVEMENTS THEREON OR ANY INTEREST THEREIN. LANDLORD ALSO MAY,
SUBJECT TO THE APPROVAL OF ANY MORTGAGEE (WHICH APPROVAL MORTGAGEE, IN ITS SOLE
DISCRETION, MAY WITHHOLD), HEREAFTER