EXCEPT IF SUCH TERMINATION OF THIS LEASE RESULTS FROM TENANT'S EXERCISE OF THE
PURCHASE OPTION.
(D)
SUBLEASE RENT REQUIREMENTS.
EACH PERMITTED SUBLEASE HEREUNDER SHALL
REQUIRE THE SUBTENANT THEREUNDER TO MAKE, SUBJECT TO THE RIGHTS OF ANY
RECOGNIZED MORTGAGEE, ALL PAYMENTS OF RENTS, ADDITIONAL RENTS AND OTHER SUMS OF
MONEY TO LANDLORD UPON THE OCCURRENCE OF A MONETARY OR MATERIAL NONMONETARY
EVENT OF DEFAULT HEREUNDER AND NOTICE FROM LANDLORD, AND LANDLORD SHALL APPLY
THE SAID PAYMENTS MADE TO IT, FIRST, TO RETAIN ALL AMOUNTS THAT ARE DUE AND
PAYABLE TO LANDLORD PURSUANT TO THIS LEASE, AND SECOND, TO PAY TO TENANT ALL
REMAINING AMOUNTS.
(E)
ENFORCEMENT OF SUBLEASES.
TENANT SHALL DILIGENTLY, CONTINUOUSLY
AND IN GOOD FAITH, AND IN ACCORDANCE WITH COMMERCIALLY REASONABLE PRACTICES,
ENFORCE THE PROVISIONS OF EACH SUBLEASE, SO THAT EACH SUBTENANT AT ALL TIMES
REMAINS IN COMPLIANCE WITH THE DUO AND PERMITS NO ACTS OR OMISSIONS THAT
ADVERSELY AFFECT ANY STRUCTURAL COMPONENT.
IF THE BREACH OF A SUBLEASE BY THE
SUBTENANT THEREUNDER CONSTITUTES A MATERIAL VIOLATION OF THE DUO OR ANY OTHER
ASPECT OF THIS LEASE IN RESPECT OF STRUCTURAL COMPONENTS, TENANT SHALL PROMPTLY
COMMENCE AND DILIGENTLY PROSECUTE ANY AND ALL APPROPRIATE LEGAL PROCEEDINGS
NECESSARY TO CAUSE SUCH SUBTENANT TO CURE SUCH BREACH ("EVICTION PROCEEDING").
108
(F)
NO DEMISE OF COMMON ELEMENTS.
TENANT COVENANTS THAT IT SHALL IN
NO CIRCUMSTANCES SUBLEASE, LICENSE OR OTHERWISE TRANSFER ITS INTEREST IN ANY
PORTION OF THE COMMON ELEMENTS TO ANY OTHER PERSON, EXCEPT AS SUCH TRANSFER MAY
BE EXPRESSLY PERMITTED HEREUNDER (INCLUDING, AS PERMITTED IN ARTICLE XXXIV
HEREOF).
SECTION 13.3
ASSIGNMENTS.
(A)
ASSIGNEE OBLIGATED.
EACH AND EVERY ASSIGNEE OF THIS LEASE,
WHETHER OR NOT APPROVED BY LANDLORD AND WHETHER AS ASSIGNEE OR AS SUCCESSOR IN
INTEREST TO TENANT NAMED HEREIN OR ANY SUBSEQUENT ASSIGNEE, INCLUDING ANY
PURCHASER OF THE LEASE UNDER A FORECLOSURE OF ANY MORTGAGE OR OTHER LIEN ON THIS
LEASE, SHALL, IN THE CASE OF AN ASSIGNEE OF THE LEASE, IMMEDIATELY BE AND BECOME
AND REMAIN LIABLE, FOR THE PAYMENT OF THE CHARGES AND OTHER SUMS PAYABLE UNDER
THIS LEASE, AND FOR THE DUE PERFORMANCE OF ALL OF TENANT'S OBLIGATIONS UNDER
THIS LEASE, IN EACH CASE TO THE EXTENT ARISING FROM AND AFTER THE EFFECTIVE DATE
OF SUCH ASSIGNMENT TO THE FULL END OF THIS LEASE, AND EACH AND EVERY PROVISION
OF THIS LEASE APPLICABLE TO TENANT SHALL ALSO APPLY TO AND BIND EVERY SUCH
ASSIGNEE AND PURCHASER WITH THE SAME FORCE AND EFFECT AS THOUGH SUCH ASSIGNEE OR
PURCHASER WERE TENANT NAMED IN THIS LEASE.
NO TRANSFER TO SUCH ASSIGNEE OR TO
SUCH PURCHASER SHALL BE BINDING UPON LANDLORD UNLESS SUCH ASSIGNEE OR PURCHASER
SHALL DELIVER TO LANDLORD A RECORDABLE INSTRUMENT (I) AGREEING TO INDEMNIFY
LANDLORD FROM AND AGAINST ANY CLAIMS FOR BROKERAGE COMMISSIONS, ANY CLAIMS
DERIVED FROM LANDLORD'S GRANTING ITS CONSENT TO SUCH ASSIGNMENT IN ACCORDANCE
WITH THE TERMS HEREOF AND ANY OTHER CLAIMS NOT DERIVED FROM LANDLORD'S ACTIONS
ARISING OUT OF SUCH ASSIGNMENT (PROVIDED, HOWEVER, THAT THIS SUBCLAUSE (I) SHALL
NOT APPLY WITH RESPECT TO A TRANSFER