OR CONDITION BROKEN, OR FOR ANY
OTHER REASON, EITHER DURING THE TERM OF THIS SUBLEASE OR ANY RENEWAL OR
EXTENSION THEREOF, AND ALSO WHEN AND AS SOON AS THE TERM HEREBY CREATED OR ANY
EXTENSION THEREOF SHALL HAVE EXPIRED, IT SHALL BE LAWFUL FOR ANY ATTORNEY AS
ATTORNEY FOR TENANT TO FILE AN AGREEMENT FOR ENTERING IN ANY COMPETENT COURT AN
ACTION TO CONFESS JUDGMENT IN EJECTMENT AGAINST TENANT AND ALL PERSONS CLAIMING
UNDER SUBTENANT, WHEREUPON, IF SUBLANDLORD SO DESIRES, A WRIT OF EXECUTION OR OF
POSSESSION MAY ISSUE FORTHWITH, WITHOUT ANY PRIOR WRIT OF PROCEEDINGS,
WHATSOEVER, AND PROVIDED THAT IF FOR ANY REASON AFTER SUCH ACTION SHALL HAVE
BEEN COMMENCED THE
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SAME SHALL BE DETERMINED AND THE POSSESSION OF THE PREMISES HEREBY DEMISED
REMAIN IN OR BE RESTORED TO SUBTENANT, SUBLANDLORD SHALL HAVE THE RIGHT UPON ANY
SUBSEQUENT DEFAULT OR DEFAULTS, OR UPON THE TERMINATION OF THIS SUBLEASE AS
HEREINBEFORE SET FORTH, TO BRING ONE OR MORE ACTION OR ACTIONS AS HEREINBEFORE
SET FORTH TO RECOVER POSSESSION OF THE SAID PREMISES.
In any action to confess judgment in ejectment, SUBLANDLORD shall first cause to
be filed in such action an affidavit made by it or someone acting for it setting
forth the facts necessary to authorize the entry of judgment, of which facts
such affidavit shall be conclusive evidence, and if a true copy of this Sublease
(and of the truth of the copy such affidavit shall be sufficient evidence) be
filed in such action, it shall not be necessary to file the original as a
warrant of attorney, any rule of Court, custom or practice to the contrary
notwithstanding.
(INITIAL). SUBTENANT WAIVER. SUBTENANT SPECIFICALLY
ACKNOWLEDGES THAT SUBTENANT HAS VOLUNTARILY, KNOWINGLY AND INTELLIGENTLY WAIVED
CERTAIN DUE PROCESS RIGHTS TO A PREJUDGMENT HEARING BY AGREEING TO THE TERMS OF
THE FOREGOING PARAGRAPHS REGARDING CONFESSION OF JUDGMENT IN EJECTION. SUBTENANT
FURTHER SPECIFICALLY AGREES THAT IN THE EVENT OF DEFAULT, SUBLANDLORD MAY PURSUE
MULTIPLE REMEDIES INCLUDING OBTAINING POSSESSION PURSUANT TO A JUDGMENT BY
CONFESSION OF EJECTION AND ALSO OBTAINING A MONEY JUDGMENT FOR PAST DUE AND
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ACCELERATED AMOUNTS AND EXECUTING UPON SUCH JUDGMENT. SUBTENANT SPECIFICALLY
WAIVES ANY CLAIM AGAINST SUBLANDLORD AND SUBLANDLORD'S COUNSEL FOR VIOLATION OF
SUBTENANT'S CONSTITUTIONAL RIGHTS IN THE EVENT THAT EJECTION IS CONFESSED
PURSUANT TO THIS SUBLEASE.
(F)
INTEREST ON DAMAGE AMOUNTS. ANY SUMS PAYABLE BY SUBTENANT
HEREUNDER, WHICH ARE NOT PAID AFTER THE SAME SHALL BE DUE, SHALL BEAR INTEREST
FROM THAT DAY UNTIL PAID AT THE RATE OF FOUR (4%) PERCENT OVER THE THEN PRIME
RATE AS PUBLISHED DAILY UNDER THE HEADING "MONEY RATES" IN THE WALL STREET
JOURNAL, UNLESS SUCH RATE BE USURIOUS AS APPLIED TO SUBTENANT, IN WHICH CASE THE
HIGHEST PERMITTED LEGAL RATE SHALL APPLY (THE "DEFAULT RATE").
(G)
SUBLANDLORD'S STATUTORY RIGHTS. SUBLANDLORD SHALL HAVE ALL RIGHTS
AND REMEDIES NOW OR HEREAFTER EXISTING AT LAW OR IN EQUITY WITH RESPECT TO THE
ENFORCEMENT OF SUBTENANT'S OBLIGATIONS HEREUNDER AND THE RECOVERY OF THE LEASED
PREMISES. NO RIGHT OR REMEDY HEREIN CONFERRED