LANDLORD AND SUBJECT TO THE RIGHTS, IF ANY, OF ANY RECOGNIZED MORTGAGEE, TENANT
SHALL ASSIGN TO LANDLORD, WITHOUT COST, AND LANDLORD SHALL ASSUME, ALL OF
TENANT'S INTEREST IN ANY OR ALL AGREEMENTS WITH RESPECT TO ANY RESTORATION,
CONDEMNATION RESTORATION OR ALTERATIONS IN OR TO THE DEMISED PREMISES AND THE
COMMON ELEMENTS OR ANY PORTION THEREOF WHICH ARE NOT THEN SUBJECT TO ANY
COLLATERAL ASSIGNMENT.
UPON THE REQUEST OF LANDLORD, THE RESPECTIVE
CONTRACTORS, MATERIALMEN AND SUPPLIERS WHO ARE PARTIES TO ANY SUCH AGREEMENTS
SHALL, SUBJECT TO THE RIGHTS OF ALL RECOGNIZED MORTGAGEES, ATTORN TO LANDLORD
AND ANY AGREEMENTS ENTERED INTO BETWEEN TENANT AND SUCH PARTIES SHALL
SPECIFICALLY PROVIDE FOR SUCH ATTORNMENT UPON LANDLORD'S REQUEST.
(J)
ASSIGNMENT OF RIGHT TO EXCESS SITE ACQUISITION COSTS
REIMBURSEMENT (ALLOCATED).
UPON TERMINATION OF THIS LEASE BY REASON OF THE
OCCURRENCE OF AN EVENT OF DEFAULT, AT THE REQUEST OF LANDLORD, TENANT SHALL
ASSIGN TO LANDLORD, WITHOUT COST, AND LANDLORD SHALL ASSUME, ALL OF TENANT'S
INTEREST IN ANY RIGHT TO REIMBURSEMENT OF EXCESS SITE ACQUISITION COSTS
(ALLOCATED).
SECTION 14.4
WAIVER OF RIGHT OF REDEMPTION.
TENANT,
FOR TENANT AND ON BEHALF OF ANY AND ALL PERSONS CLAIMING THROUGH OR UNDER
TENANT, INCLUDING CREDITORS OF ALL KINDS, DOES HEREBY WAIVE AND SURRENDER ALL
RIGHT AND PRIVILEGE WHICH THEY OR ANY OF THEM MIGHT HAVE
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UNDER OR BY REASON OF ANY PRESENT OR FUTURE LAW, TO REDEEM THE DEMISED PREMISES
OR TO HAVE A CONTINUANCE OF THIS LEASE FOR THE TERM HEREBY DEMISED AFTER BEING
DISPOSSESSED OR EJECTED THEREFROM BY PROCESS OF LAW OR UNDER THE TERMS OF THIS
LEASE OR AFTER THE TERMINATION OF THIS LEASE AS HEREIN PROVIDED.
NOTHING IN THE
FOREGOING PORTIONS OF THIS SECTION 14.4 SHALL AFFECT THE RIGHTS OF ANY
RECOGNIZED MORTGAGEES UNDER ARTICLE XXXI HEREBY.
SECTION 14.5
NO WAIVER.
FAILURE OF EITHER PARTY
HERETO TO DECLARE ANY DEFAULT IMMEDIATELY UPON ITS OCCURRENCE OR DELAY IN TAKING
ANY ACTION IN CONNECTION WITH SUCH DEFAULT SHALL NOT WAIVE SUCH DEFAULT BUT SUCH
PARTY SHALL HAVE THE RIGHT TO DECLARE ANY SUCH DEFAULT AT ANY TIME THEREAFTER.
AFTER AN EVENT OF DEFAULT, ANY AMOUNTS PAID BY TENANT TO LANDLORD MAY BE APPLIED
BY LANDLORD, IN ITS SOLE DISCRETION, TO ANY ITEMS THEN OWING BY TENANT TO
LANDLORD UNDER THIS LEASE.
RECEIPT OF A PARTIAL PAYMENT SHALL NOT BE DEEMED TO
BE AN ACCORD AND SATISFACTION OR WAIVER OF THE FAILURE TO MAKE FULL PAYMENT.
SECTION 14.6
REMEDIES UNDER BANKRUPTCY AND INSOLVENCY
CODES.
IF AN ORDER FOR RELIEF IS ENTERED OR IF ANY STAY OF PROCEEDING OR OTHER
ACT BECOMES EFFECTIVE IN FAVOR OF TENANT OR TENANT'S INTEREST IN THIS LEASE IN
ANY PROCEEDING COMMENCED BY OR AGAINST TENANT UNDER THE PRESENT OR ANY FUTURE
UNITED STATES BANKRUPTCY CODE OR IN A PROCEEDING WHICH IS COMMENCED BY OR
AGAINST TENANT SEEKING A REORGANIZATION, ARRANGEMENT, COMPOSITION, READJUSTMENT,
LIQUIDATION, DISSOLUTION OR SIMILAR RELIEF UNDER ANY OTHER PRESENT OR FUTURE
APPLICABLE FEDERAL, STATE OR OTHER BANKRUPTCY OR INSOLVENCY STATUTE OR LAW,
LANDLORD SHALL BE ENTITLED TO INVOKE ANY AND