AND ON THE TERMS HEREIN SPECIFIED, THE
FULL AMOUNT OF THE RENT.
TENANT SHALL CONTINUE TO PERFORM AND OBSERVE (OR CAUSE
TO BE PERFORMED AND OBSERVED) ALL OF THE OTHER TERMS AND CONDITIONS OF THIS
AGREEMENT ON THE PART OF THE TENANT TO BE PERFORMED AND OBSERVED.
PROVIDED NO
EVENT OF DEFAULT HAS OCCURRED AND IS
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CONTINUING, THE ENTIRE AMOUNT OF ANY AWARD MADE FOR SUCH TEMPORARY CONDEMNATION
ALLOCABLE TO THE TERM, WHETHER PAID BY WAY OF DAMAGES, RENT OR OTHERWISE, SHALL
BE PAID TO TENANT.
TENANT SHALL, PROMPTLY UPON THE TERMINATION OF ANY SUCH
PERIOD OF TEMPORARY CONDEMNATION, AT ITS SOLE COST AND EXPENSE, RESTORE THE
AFFECTED PROPERTY TO THE CONDITION THAT EXISTED IMMEDIATELY PRIOR TO SUCH
CONDEMNATION, IN MATERIAL COMPLIANCE WITH ALL APPLICABLE LEGAL REQUIREMENTS,
UNLESS SUCH PERIOD OF TEMPORARY CONDEMNATION SHALL EXTEND BEYOND THE EXPIRATION
OF THE TERM, IN WHICH EVENT TENANT SHALL NOT BE REQUIRED TO MAKE SUCH
RESTORATION.
11.5
ALLOCATION OF AWARD.
EXCEPT AS PROVIDED IN
SECTION 11.4 AND THE SECOND SENTENCE OF THIS SECTION 11.5, THE TOTAL AWARD SHALL
BE SOLELY THE PROPERTY OF AND PAYABLE TO LANDLORD.
ANY PORTION OF THE AWARD
MADE FOR THE TAKING OF TENANT'S LEASEHOLD INTEREST IN THE LEASED PROPERTY, LOSS
OF BUSINESS DURING THE REMAINDER OF THE TERM, THE TAKING OF TENANT'S PERSONAL
PROPERTY, THE TAKING OF CAPITAL ADDITIONS PAID FOR BY TENANT AND TENANT'S
REMOVAL AND RELOCATION EXPENSES SHALL BE THE SOLE PROPERTY OF AND PAYABLE TO
TENANT (SUBJECT TO THE PROVISIONS OF SECTION 11.2).
IN ANY CONDEMNATION
PROCEEDINGS, LANDLORD AND TENANT SHALL EACH SEEK ITS OWN AWARD IN CONFORMITY
HEREWITH, AT ITS OWN EXPENSE.
ARTICLE 12
DEFAULTS AND REMEDIES
12.1
EVENTS OF DEFAULT.
THE OCCURRENCE OF ANY ONE OR
MORE OF THE FOLLOWING EVENTS SHALL CONSTITUTE AN "EVENT OF DEFAULT" HEREUNDER:
(A)
SHOULD TENANT FAIL TO MAKE ANY PAYMENT OF
THE RENT OR ANY OTHER SUM PAYABLE HEREUNDER WHEN DUE; OR
(B)
SHOULD TENANT FAIL TO MAINTAIN THE INSURANCE
COVERAGES REQUIRED UNDER ARTICLE 9; OR
(C)
SHOULD TENANT DEFAULT IN THE DUE OBSERVANCE
OR PERFORMANCE OF ANY OF THE TERMS, COVENANTS OR AGREEMENTS CONTAINED HEREIN TO
BE PERFORMED OR OBSERVED BY IT (OTHER THAN AS SPECIFIED IN CLAUSES (A) AND
(B) ABOVE) AND SHOULD SUCH DEFAULT CONTINUE FOR A PERIOD OF THIRTY (30) DAYS
AFTER NOTICE THEREOF FROM LANDLORD TO TENANT; PROVIDED, HOWEVER, THAT IF SUCH
DEFAULT IS SUSCEPTIBLE OF CURE BUT SUCH CURE CANNOT BE ACCOMPLISHED WITH DUE
DILIGENCE WITHIN SUCH PERIOD OF TIME AND IF, IN ADDITION, TENANT COMMENCES TO
CURE OR CAUSE TO BE CURED SUCH DEFAULT WITHIN THIRTY
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(30) DAYS AFTER NOTICE THEREOF FROM LANDLORD AND THEREAFTER PROSECUTES THE
CURING OF SUCH DEFAULT WITH ALL DUE DILIGENCE, SUCH PERIOD OF TIME SHALL BE
EXTENDED TO SUCH PERIOD OF TIME (NOT TO EXCEED AN ADDITIONAL NINETY (90) DAYS IN
THE AGGREGATE) AS MAY BE NECESSARY TO CURE SUCH DEFAULT WITH ALL DUE DILIGENCE;
OR
(D)
SHOULD ANY OBLIGATION OF TENANT IN RESPECT
OF ANY INDEBTEDNESS FOR MONEY BORROWED OR