BE CONCLUSIVE, FINAL AND ENFORCEABLE
AS THE AWARD ON THE MERITS) TO COMPEL OR INDUCE COMPLIANCE WITH DISCOVERY AND
THE APPEARANCE OF, OR PRODUCTION OF DOCUMENTS IN THE CUSTODY OR, ANY OFFICER,
DIRECTOR, AGENT OR EMPLOYEE OF A PARTY ANY AFFILIATE OF SUCH PARTY.
(E)
ARBITRATORS MAY NOT AWARD INDIRECT, CONSEQUENTIAL OR PUNITIVE
DAMAGES OR ISSUE INJUNCTIVE RELIEF.
(F)
ARBITRATORS SHALL BE BOUND BY THE PROVISIONS OF THIS LEASE AND
SHALL NOT HAVE THE POWER TO ADD TO, SUBTRACT FROM, OR OTHERWISE DEVIATE FROM
SUCH PROVISIONS.
(G)
LANDLORD OR TENANT'S FAILURE TO PERFORM ANY OBLIGATION HEREUNDER
SHALL NOT CONSTITUTE A DEFAULT UNDER THIS LEASE IF SUCH PARTY'S DUTY TO PERFORM
SUCH OBLIGATION IS THE SUBJECT OF ANY ARBITRATION OR ANY DISPUTE THAT WOULD BE
SUBMITTED TO ARBITRATION IF UNRESOLVED DURING SUCH ARBITRATION OR UNTIL SUCH
DISPUTE IS OTHERWISE RESOLVED.
12.4
Alternative Means of Arbitration with AAA.
In the event that JAMS or any successor shall no longer exist or if JAMS or any
successor fails to refuses to, or is legally precluded from, accepting
submission of such dispute, then the dispute shall be resolved by binding
arbitration before the AAA under the AAA's commercial arbitration rules then in
effect.
ARTICLE XIII
TENANT REMEDIES
13.1
Generally
(A)
THE TERM "LANDLORD EVENT OF DEFAULT" SHALL MEAN ANY ONE OF THE
FOLLOWING EVENTS: (I) LANDLORD SHALL DEFAULT IN THE PAYMENT OF ANY MONETARY SUM
TO TENANT WHEN DUE, AND SUCH DEFAULT SHALL CONTINUE FOR A PERIOD OF TEN
(10) BUSINESS DAYS AFTER WRITTEN NOTICE THEREOF
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FROM TENANT TO LANDLORD; OR (II) LANDLORD SHALL DEFAULT IN ITS OBLIGATION TO
MAINTAIN ANY POLICY OF INSURANCE THAT LANDLORD IS REQUIRED TO MAINTAIN UNDER
SECTION 6.4 OR 6.5 HEREOF, AND SUCH DEFAULT SHALL CONTINUE FOR A PERIOD OF TEN
(10) BUSINESS DAYS AFTER WRITTEN NOTICE FROM TENANT TO LANDLORD OF SUCH DEFAULT,
WHICH NOTICE SHALL (X) SPECIFICALLY REFER TO SECTION 6.4 OR 6.5 HEREOF, AS
APPLICABLE, AND THE INSURANCE POLICY WHICH LANDLORD HAS FAILED TO MAINTAIN, AND
(Y) STATE, IN ALL CAPITAL LETTERS AND IN A PROMINENT PLACE, THAT THE CONTINUANCE
OF SUCH FAILURE TO MAINTAIN INSURANCE FOR TEN (10) BUSINESS DAYS AFTER
LANDLORD'S RECEIPT OF SUCH WRITTEN NOTICE WILL CONSTITUTE A LANDLORD EVENT OF
DEFAULT UNDER THIS SECTION 13.1(A)(II); OR (III) LANDLORD SHALL DEFAULT UNDER
ANY OF ITS OTHER OBLIGATIONS UNDER THIS LEASE (OTHER THAN ANY DEFAULT DESCRIBED
IN SECTION 13.1(A)(I) AND (II) ABOVE), AND SUCH DEFAULT SHALL CONTINUE FOR A
PERIOD OF THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM TENANT TO LANDLORD THEREOF
(OR, IF SUCH DEFAULT IS CURABLE BUT REASONABLY CANNOT BE CURED WITHIN SUCH
THIRTY (30) DAY PERIOD, THEN LANDLORD SHALL NOT COMMENCE THE CURE THEREOF WITHIN
SUCH THIRTY (30) DAY PERIOD OR THEREAFTER SHALL NOT DILIGENTLY PURSUE SUCH CURE
UNTIL THE SAME IS ACCOMPLISHED).
(B)
IF (I) LANDLORD SHALL DEFAULT IN THE PERFORMANCE OF ANY OF
LANDLORD'S OBLIGATIONS UNDER THIS LEASE, AND (II) SUCH DEFAULT SHALL THEREAFTER
BECOME A LANDLORD EVENT OF DEFAULT HEREUNDER (OR, IN CASES OF EMERGENCY ONLY,