SOLE COST AND EXPENSE).
2
9.
EMINENT DOMAIN.
IF THE WHOLE OR ANY PART OF THE PREMISES SHALL
BE TAKEN FOR PUBLIC OR QUASI-PUBLIC USE BY A GOVERNMENTAL AUTHORITY UNDER THE
POWER OF EMINENT DOMAIN OR SHALL BE CONVEYED TO A GOVERNMENTAL AUTHORITY IN LIEU
OF SUCH TAKING, THEN THIS LEASE SHALL TERMINATE AS OF THE DATE TENANT IS
REQUIRED TO SURRENDER POSSESSION OF THE PREMISES.
10.
SUBORDINATION OF LEASE TO MORTGAGES.
THIS LEASE IS SUBJECT AND
SUBORDINATE TO ANY MORTGAGE, DEED OF TRUST OR SIMILAR ENCUMBRANCE INCLUDING
GROUND OR UNDERLYING LEASES PRESENTLY EXISTING OR HEREAFTER VOLUNTARILY PLACED
UPON THE PROPERTY OR THE PREMISES, INCLUDING ANY RENEWALS, EXTENSIONS OR
MODIFICATIONS THEREOF; AND THE RECORDING OF ANY SUCH MORTGAGE, DEED OF TRUST OR
SIMILAR ENCUMBRANCE SHALL MAKE IT PRIOR AND SUPERIOR TO THIS LEASE REGARDLESS OF
THE DATE OF EXECUTION OR RECORDING OF EITHER DOCUMENT.
TENANT SHALL, AT
LANDLORD'S REQUEST, EXECUTE AND DELIVER WITHIN FIVE (5) DAYS TO LANDLORD,
WITHOUT COST, ANY INSTRUMENT WHICH MAY BE DEEMED NECESSARY OR DESIRABLE BY
LANDLORD TO CONFIRM THE SUBORDINATION OF THIS LEASE; AND IF TENANT FAILS OR
REFUSES TO DO SO, LANDLORD MAY EXECUTE SUCH INSTRUMENT IN THE NAME AND AS THE
ACT OF TENANT.
TENANT SHALL ATTORN TO ANY SUBSEQUENT OWNER OR TRANSFEREE OF THE
PROPERTY REGARDLESS OF WHETHER OR NOT A SUBORDINATION AGREEMENT HAS BEEN
EXECUTED BY TENANT.
11.
DEFAULTS AND REMEDIES.
(A)
DEFAULT BY TENANT.
IF TENANT FAILS TO PAY ANY MONTHLY INSTALLMENT
OF RENT WITHIN TEN (10) DAYS AFTER THE SAME SHALL BE DUE AND PAYABLE, SUCH
FAILURE SHALL BE A DEFAULT AND BREACH OF THIS LEASE BY TENANT.
(B)
REMEDIES OF LANDLORD.
UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT
SET FORTH IN PARAGRAPH 11(A) HEREOF, LANDLORD SHALL HAVE THE RIGHT TO SUE TO
RECOVER DAMAGES FOR ANY LOSS RESULTING FROM THE BREACH, IN ADDITION TO THOSE
ALLOWED BY LAW, ANY ONE OR MORE OF WHICH MAY BE EXERCISED WITHOUT FURTHER NOTICE
TO OR DEMAND UPON TENANT.
(C)
DEFAULT BY LANDLORD AND REMEDIES OF TENANT.
IT SHALL BE A DEFAULT
AND BREACH OF THIS LEASE BY LANDLORD IF IT SHALL FAIL TO PERFORM OR OBSERVE ANY
TERM, CONDITION, COVENANT OR OBLIGATION REQUIRED TO BE PERFORMED OR OBSERVED BY
IT UNDER THIS LEASE FOR A PERIOD OF THIRTY (30) DAYS AFTER NOTICE THEREOF FROM
TENANT; PROVIDED, HOWEVER, THAT IF THE TERM, CONDITION, COVENANT OR OBLIGATION
TO BE PERFORMED BY LANDLORD IS OF SUCH NATURE THAT THE SAME CANNOT REASONABLY BE
PERFORMED WITHIN SUCH THIRTY-DAY PERIOD, SUCH DEFAULT SHALL BE DEEMED TO HAVE
BEEN CURED IF LANDLORD COMMENCES SUCH PERFORMANCE WITHIN SAID THIRTY-DAY PERIOD
AND THEREAFTER DILIGENTLY UNDERTAKES TO COMPLETE THE SAME.
UPON THE OCCURRENCE
OF ANY SUCH DEFAULT, TENANT MAY SUE FOR INJUNCTIVE RELIEF OR TO RECOVER DAMAGES
FOR ANY LOSS RESULTING FROM THE BREACH, BUT TENANT SHALL NOT BE ENTITLED TO
TERMINATE THIS LEASE OR WITHHOLD OR ABATE ANY RENT DUE HEREUNDER.
(D)
NON-WAIVER OF DEFAULTS.
THE FAILURE OR DELAY BY EITHER PARTY
HERETO TO ENFORCE OR EXERCISE