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DESTRUCTION OF OR DAMAGE TO PREMISES
<br />~ l5. If the Premises are totally destroyed by storm, fire, lighming, e~~rU~yuake or other casualty, this lease shall terminate as of the date of such
<br />destruction and rental sha-I be accounted for as belween Landlord and Tenant as of that d~te. If the premises are damaged but not wholly destroyed
<br />by any such casualties, rental shall abate in such proportion as effective use of th~ Premiscs har been affecled and Landlord shall restore Premises
<br />to substantially the same condition as before damage as speedily as is practicable, whereupon full rental shall recommence.
<br />GOVEIiNMEN1'AL ORDEILS
<br />16. Tenant agrees, at its own expense, to comply promptly with all rcyuiremenls oi any legally constituteJ public au~hority made necessary by
<br />reason of Tenant's occupancy of the Premises. Landlord agrees to comply promptly with any such requirements if not made necessary by reason
<br />of Tenant's occupancy. It is mutually agreed, however, between Landlord and Tenant, that if in order to comply with such requirements, the cost
<br />to Landlord or Tenant, as the case may be, shall exceed a sum equal to one year's rent, then Landlord or Tenant, whichever is obligated to comply
<br />with such requirements, may terminate this Lease by giving written notice of termination to the other party by registered mail, which ternunation
<br />shall become effective sixty (60) days after receipt of such notice and which notice shall eliminate the necessity of compliance with such
<br />requirements by giving such notice unless the party giving such notice of termination shall, before termination becomes effecUve, pay to the pazty
<br />giving notice all cost of compliance in excess of one year's rent, or secure payment of said sum in manner satisfactory to the party giving notice.
<br />CONDEMNATION
<br />17. If the whble of the Premises, or such portion thereof as will make the Premises unusable for the purposes herein leased, is condemned by
<br />any legally constituted authority for any public use or purpose, then in either of said events Ihe term hereby granted shall cease from the date when
<br />possession thereof is taken by public authorities, and rental shall be accounted Yor as between Landlord and Tenan[ as of said date. Such
<br />termination, however, shall be without prejudice to the rights of either Landlord or Tenant to recover compensation and damage caused by
<br />condertnation from the condemnor. It is further understood and agreed that Tenant shall not have any righis in any award made to Landlord by
<br />any condemnation authority.
<br />ASSIGNMENT AND SUBLGTTING
<br />l8. Tenant shall not, without the prior written consent of Landlord, which shall noe be unreasonably withheld, assign this Lease or any interest
<br />hereunder, or sublet the Premises or any part thereof, or permit the use of the Premises by any party other than the Tenant. Consent to any
<br />assignment or sublease shall not impair this provision and all later assigainents or subleases shal( be made likewise only on the prior written
<br />consent of Landlord. The Assignee of Tenant, at option of Landlord, shall become directly liable to Landlord for all obligations of Tenant
<br />hereunder, but no sublease or assignment by Tenant shall relieve Tenant of any liability hereunder.
<br />EVENTS OF DEFAULT
<br />19. The happening of any one or more of the following events (hereinafter any one of which may be referred to as an "Event of pefaulP') during
<br />the term of this Lease, or any renewal or extension thereof, shall constimte a breach oT this Lease on the part of the Tenant (a) Tenant fails to pay
<br />the rental as provided for herein; (b) Tenant abandons or vacates the Premises; (c) Tenant fails to comply with or abide by and perform any other
<br />obligation imposed upon Tenant under this Lease; (d) Tenant is adjudicated bankrupt; (e) A permanent receiver is appointed for Tenant's property
<br />and such receiver is not removed within sixty (60) days after written notice fr~m Landlo:d to Tenant Co obtain such removal; (~ Tenant, either
<br />voluntarily or involuntarily, takes advantage oP any debt or relief proceedings under ~ny present or future law, whereby the rent or any paR thereof
<br />is, or is proposed to be reduced or payment thereof deferced; (g) Tenant maketi an assignment for benefit of creditors; or (h) TenanYs effects are
<br />levied upon or attached under prcx;ess against Tenaut, wliich is not satisfied or dissolvcd within thirty (30) days after written noticc from Landlord
<br />to Tenant to obtain satisfaction thereof.
<br />REMEDIES [JPON DEFAULT
<br />20. Upon the occurrence of Event of Default, Landlord may pursue any one or more of the following remedies sepazately or concurrently, without
<br />prejudice to any other remedy herein provided or provided by law; (a) if the Event of Default involves nonpayment of rental and Tenant fails to
<br />cure such default with five (5) days after receipt of written notice thereof from Landlord, or if the Event of Default involves a defaul[ in performing
<br />any of the terms or provisions of this Lease other than the payment of rental and Tenant fails to cure such default within fifteen (15) days after
<br />receipt of wriEten notice of default from Landlord, Landlord inay terminate t(~is Lease by giving written notice to Tenant and upon such termination
<br />shall be entitled to recover from Tenant damages as may be permitted under aFplicable law; or (b) if the Event of Default involves any matter other
<br />than those set foRh in item (a) of this paragraph, Landlord may terminate this Lease by giving written notice to Tenant and , upon such termination,
<br />shall be entitled to recover from the Tenant damages in an amount equal to all rencal which is due and a11 rental which would otherwise have
<br />become due throughout the remaining term of this Lease, ar any renewal or extension thereof (as if this Lease had not been terminated); or (c)
<br />upon any Event of Default. Landlord, as Tenant's agent, without terminating this Lease, may enter upon and rent the Premises, in whole or in part,
<br />at the best price obtainable by reasonable effort, without advertisement and by private negotiations and for any term Landlord deems proper, with
<br />Tenant being liable to landlord for the deficiency, if any, between Tenant's rent hereunder and the price obtainedby Landlord on reletting, provided
<br />however, that Landlord shall not be considered to be uuder any duty 6y reason of this provision to take any action to mitigate damages by reason
<br />of Tenant's default. In the event Landlord hires an attomey to enforce its rights upon default, Tenant shall in addition be liable for reasonable
<br />attomey's fees and ali costs of collection. ,
<br />EXTERIOR SIGNS
<br />21. Tenant shall place no signs upon the outside walls or roof of the Premises, except with the ezpress written consent of the Landlord. Any and
<br />all signs placed on the Premises by Tenant shall be main[ained in compliance with governmental rules and regulauons governing such signs and
<br />Tenant shall be responsible to Landlord for any dumage caused by instullation, use or maintenance of said signs, and s~ll damage incident to removal
<br />thereof.
<br />LANDLORD'S ENTRY OF PREMISES
<br />22. Landlord may advertise the Premises "For RenP' or "Fot Sale" 3~ days before lhe termination of this L.ease. Landlord may enter
<br />[he Premises at reasonable hours to exhibi[ same to prospective purchasers or tenants and to make repairs required of Landlord under the terms
<br />hereof oc to make repairs to Landlord's adjoining property, if any.
<br />EFFECT OF TERMINATION OF LEASE
<br />23. No termination of this L,E;ase prior to the normal ending thereof, by lapse of time or othenvise, shall affect Landlord's right to collect rent for
<br />the period prior to termination thereof.
<br />MORTGAGEE'S RIGHTS
<br />24. Tenant's rights shall be subject to any bona fide mortgage, deed of trust or other security interest which is now or may hereafter be placed
<br />upon the Premises by Landlord. Tenant shall, if reyuested by Laodtord, execute a separate agreement reflecting such subordination, and shall be
<br />obligated to execute such documentation as may facilitaie Landiord's sale or refinancing uf the Premises, including, but not limited to estoppel
<br />certiticates, subordination or attornment agreements.
<br />QUI~T ENJOYMENT
<br />25. So long as Tenant observes and performs the covenants and agreeme7ts contained herein, ir shall at all times dunng the Lease term peacefully
<br />and quiedy have and enjoy possession of the Premises, but ulways subject to the terrus hereof. Yrovided, however, that in the event Landlord shall
<br />sell or otherwise transfer its interest in the Premises, Te~ant agrees to attorn to any new owner or interest holder and shall, if requested by
<br />Landlord, execute a separate agreement reflecting such at!ornment, provided that said agreement reyuires the new owner ~r interest holder to
<br />recognize its obligations and Tenant's righL hereunder.
<br />HOLDING OVER
<br />26. If Tenant remains in possession of the Premises after expiration of the term hereof, with Landlord's acquiescence and without any express
<br />agreement of the parties, Tenant shall be a tenant at will at the rental rate which is in effect at end of this Lease and there shall be no renewal of
<br />this Lease by operation of law. If Tenant remains in possession of the Premises after expiration of the terrn hereof without Landlord's
<br />acquiescence, Tenant shall be a tenant at sufferance and commencing on the date following the date of such expiration, the monthly rental payable
<br />under Pazagraph 3 above shall for each month, or fraction thereof during which Tenant so remains in possession of the premises, be twice the
<br />monthly rental otherwise payable under Paragraph 3 above.
<br />ATTORNEY'S FEES
<br />27. In the event that any action or proceeding is brought to enforoe any term, covenant or condition of this Lease on the part of Landlord or
<br />Tenant, the prevailing party in such litigation shall be entitlcu to reccivcr reasonable attorney's fces and costs.
<br />RIGHTS CUMULATIVE
<br />28. All rights, powers und privifeges conferred hercunder upon parties heret~ shall ~ic cumulative and not restrictive of thase given by law.
<br />~t oF 5 NCAR FORM #590
<br />Copyright 6/96
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