ENTITY FOR AN INTENDED USE WHICH IS INCONSISTENT WITH AN
INDUSTRIAL WAREHOUSE FACILITY OR THE THEN CURRENT ZONING OF THE DEMISED PREMISES
SHALL BE DEEMED REASONABLE. TENANT SHALL, HOWEVER, HAVE THE RIGHT TO ASSIGN THIS
LEASE TO ANY SUBSIDIARY OR ORGANIZATION AFFILIATED WITH OR OWNED AND/OR
CONTROLLED BY TENANT WITHOUT THE CONSENT OF LANDLORD.
THE TENANT SHALL REMAIN
PRIMARILY LIABLE FOR THE PAYMENT OF RENT HEREIN RESERVED AND FOR THE PERFORMANCE
OF ALL OTHER TERMS OF THE LEASE REQUIRED TO BE PERFORMED BY THE TENANT,
NOTWITHSTANDING ANY ASSIGNMENT OR SUBLETTING.
Landlord may assign its interest in this Lease or convey its interest in the
Demised Premises without Tenant's consent.
Such assignment or conveyance shall
be effective as to Tenant upon written notice by Landlord to Tenant of such
assignment or conveyance and upon such assignment or conveyance Landlord shall
have no further liability or obligation to Tenant under this Lease.
Landlord
may assign, from time to time, the whole or part of the rent at any
13
time payable hereunder without Tenant's consent.
Such assignment shall be
effective as to Tenant upon written notice by Landlord to Tenant of such
assignment.
22.
END OF TERM.
TENANT SHALL, ON THE LAST DAY
OF THE TERM, OR UPON THE SOONER TERMINATION OF THE TERM, PEACEABLY AND QUIETLY
SURRENDER AND DELIVER POSSESSION OF THE DEMISED PREMISES TO LANDLORD FREE OF
SUBTENANCIES (UNLESS LANDLORD SHALL CONSENT TO THE CONTINUANCE THEREOF), IN
BROOM-CLEAN CONDITION, INCLUDING ALL BUILDINGS, REPLACEMENTS, CHANGES,
ADDITIONS, AND IMPROVEMENTS CONSTRUCTED, ERECTED, ADDED, OR PLACED BY TENANT
THEREON, WITH ALL EQUIPMENT IN OR APPURTENANT THERETO, EXCEPT FOR TENANT'S TRADE
FIXTURES AS PROVIDED IN PARAGRAPH 10 (BUT NOT INCLUDING EQUIPMENT INSTALLED BY
ANY SUBTENANT), IN GOOD CONDITION, PROPER WORKING ORDER AND REPAIR, REASONABLE
WEAR AND TEAR EXCEPTED.
23.
ARBITRATION.
IN SUCH CASES WHERE THIS LEASE
PROVIDES FOR THE SETTLEMENT OF A DISPUTE OR QUESTION BY ARBITRATION, THE SAME
SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE RULES, THEN OBTAINING, OF
THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED MAY
BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
THE VENUE FOR ANY SUCH
ARBITRATION SHALL BE FORT WAYNE, INDIANA.
24.
ESTOPPEL CERTIFICATE.
TENANT SHALL, WITHOUT
CHARGE, AT ANY TIME AND FROM TIME TO TIME HEREAFTER, WITHIN FIFTEEN (15) DAYS
AFTER REQUEST BY LANDLORD, CERTIFY BY A REASONABLY WRITTEN INSTRUMENT DULY
EXECUTED AND ACKNOWLEDGED TO ANY MORTGAGEE OR PURCHASER, OR ANY OTHER PERSON,
FIRM, OR CORPORATION SPECIFIED BY LANDLORD, AS TO THE VALIDITY AND FORCE AND
EFFECT OF THIS LEASE, IN ACCORDANCE WITH ITS TENOR, AS THEN CONSTITUTED, AS TO
THE EXISTENCE OF ANY DEFAULT ON THE PART OF ANY PARTY THEREUNDER, AS TO THE
EXISTENCE OF ANY OFFSETS, COUNTERCLAIMS, OR DEFENSES THERETO ON THE PART OF
TENANT, AND AS TO ANY OTHER MATTERS WHICH MAY BE REASONABLY REQUESTED BY
LANDLORD.
25.
NOTICES.
WHENEVER IT IS PROVIDED HEREIN
THAT NOTICE, DEMAND, REQUEST, OR OTHER COMMUNICATION SHALL OR MAY BE GIVEN TO OR
SERVED UPON EITHER OF THE PARTIES BY THE OTHER, AND